At the time when the court will be assured of it that for a couple there is no chance to stay together, it is the court can permit the couple to grant a divorce or to take divorce in the mare time amount of 6 months.
The latest Supreme Court order, come where the couple a take divorce or call off their marriage when the find difficult to adjust together.
Or we can say now it becomes easy for unhappily married couple to end their marriage with the mutual consent and the verdict is declared by the honorable Supreme Court.
India is literally not a very divorce-friendly country so whenever any couple tries to end their unhappy wedding they actually face some problems culturally as well legally too.
The divorce rate in our nation India is very rare or low – about 13 in 1,000 marriages, against 500 in 1,000 marriages in the UK. Every year 7,500 cases of divorce are filed in Mumbai, 9,000 in Delhi and 3,000 in Bangalore.
Though, the number of divorce cases pending in India is noticeably high at about 55,000.
The process of divorce is complex in our country and it can take almost a decade too, depending upon the nature of the conflict between the alienated couple, the intensity of disagreements between the parties always makes headlines.
Divorce cases are said to be of distress culture but actually, sometimes we need to granted divorce for the sake of peace of mind.
People tend to believe that surviving a marriage is easier and better than facing the dreadful culture or law of the country.
Taking into account this grim situation and looking to speed up divorce proceedings, the Supreme Court has recently pronounced its verdict that any unhappy married couple can call for divorce to the law and it will be granted on 6 months under mutual basis.
As per the Hindu Marriage Act, 1955, if both the parties agree, they can file for a mutual divorce under section 13-B which need the couple should be living separately for at least a year. A statutory cooling period of six months is provided between the first and last motion for seeking divorce by mutual consent where they can explore the possibility of settlement and co-habitation.
This “cooling off” period of six months is given to make sure that both parties will not take any hasty decisions.
Paradoxically, there is nothing “hasty” much in the case of the Indian courts.
The court also experiential that though every effort should be made to save a marriage and if there are no chances of a reunion the court can give the better option which is the divorce.
The bench comprising of Justice A.K. Goel and U.U. Lalit said, “The period mentioned in section 13B(2) is not mandatory but discretionary.”
When the court is confident that there are no chances of staying together and it is assured that the parties will split, the court can granted divorce post six-month requirement.
Prior to this judgment, only the Supreme Court had the authority to waive this period off.
And post the parties will be mutually agreed for the divorce then they should make sure there is no going back, the proceedings should be completed within a week.
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