Mumbai: Family Court Upholds Supreme Court Ruling, Waives Off 6 Month Waiting Period In Divorce

The Logical Indian Crew

November 29th, 2017

Divorce

Courtesy: The Times Of India | Image Credit: Hindi Varta, Mumbai Family Courts

A Mumbai family court waived the six months ‘cooling off’ period for a couple who had filed a divorce and were estranged for more than nearly a decade now, reported The Times of India.

The verdict of the family court comes two months after the apex court had given an order that the six-month wait for a mutually consented divorce is not mandatory.

The ruling by the Supreme Court can be read here


The recent case

The verdict by the family court reduced the agony of a Mumbai woman battling cancer, and her husband who lives abroad. The waiver is the first in Mumbai since the ruling of the Supreme Court.

The couple had filed their joint divorce plea last month citing irretrievable breakdown of their marriage of thirty long years.The couple, married in 1987, have been living apart since 2008.

The woman was diagnosed with cancer and has been undergoing treatment for the same since the last month in Mumbai. She cited this reason while requesting the court to help her do away with the waiting period which would only add to her agony.

Referring to the SC verdict, Nimbkar sought a waiver of the 6-month waiting stipulation for divorce by mutual consent.

The court, in its ruling, observed that the couple had lived separately for more than the stipulated period of a year. It added that the keeping the case pending would aggravate the agony of the woman and thus deemed it fit to waive off the six-months waiting period.

Legal experts have welcomed the move taken by the Mumbai family court that has upheld the recent Supreme Court ruling.

Lawyer Mrinalini Deshmukh reportedly said, “Making couples stick to a statutory six-month period before a final decree would be meaningless when they can demonstrate that marriage is truly over.”

 

Share your thoughts..

Propelled by

VOLVO

Make Your City Safe

Related Stories

Adult Couples Can Live Together Even If Not Married, Says Supreme Court

SC Cuts Down 6 Months Waiting Period For Divorce Under Hindu Marriage Act

Chammak Challo

Mumbai: Man Lands In Legal Trouble After Calling A Woman ‘Chammak Challo’

Mother Testifies Against Son In Court, Helps Daughter-In-Law Win Divorce Case And An Alimony of Rs 4.84 Crore

Muslim Marriage And Triple Talaq

All You Need To Know About Muslim Marriage And Triple Talaq

Alimony To Wife

SC Asks Husband To Give Rs 1 Crore Flat & Rs 50 Lakh Alimony To Wife Guilty Of Cruelty

Latest on The Logical Indian

News

Man Accused Of Robbing Paraded Naked By Delhi Police After He Allegedly Tried To Flee In Towel

Fact Check

AP: Fake WhatsApp Forward Of Child Kidnappers Takes Life Of A Man, Five Critically Injured

Exclusive

Meet Bangalore’s Bicycle Mayor Who Has Been Spearheading The Movement Of Sustainable Transport For 6 Years

Awareness

This Is How Incense Sticks Pollution Is Damaging Your Health

News

Supreme Court Imposes Rs 1 Lakh Fine On Google, Facebook, WhatsApp Over Handling Of Sexually Abusive Content

Environment

10 Dead And 50 Injured On The 100th Day Of Protest Against Vedanta’s Sterlite In Tamil Nadu