Skip to main content

No waiver of 6-month waiting period before divorce: HC

Gujarat high court has ruled that the conciliation period of six months cannot be waived to get divorce decree, and it has also made it clear that only Supreme Court has got the power to grant relaxation in such cases by invoking the doctrine of irretrievable breakdown of marriage.

Justice Abhilasha Kumari refused to waive the six-month compulsory separation after filing of divorce petition by an estranged couple, which wanted the separated wife's visa to be extended. The wife, who is residing in the UK, wanted divorce decree before December 31, as she is required to apply for renewal of student visa. She expressed her inability to return to India before that and requested the court to waive the mandatory separation period.

The couple, Jignesh and Anushi, got married in 2009, but could not live together for more than two years. They separated in 2011 and the wife went to the UK after obtaining dependent visa for study. In September 2011, the couple filed for divorce decree. She claimed that for renewal of the visa she would have to furnish divorce decree and hence the cooling-off period should be waived. But the family court refused to entertain her plea for quick divorce.

The couple then moved the HC and sought direction to the family court to give divorce decree soon so that the wife was not put to any hardship. They also contended that there was no hope for reunion and the marriage was irretrievably broken. They were living separately for two years, and the court should take into consideration their long separation as well as the visa issue for waiving the cooling-off period.

However, the high court refused to take into consideration any reason for expediting the process. While the court felt that the parties could not furnish any substantial evidence on how divorce decree would help in extension of visa, it also discussed in detail over the legal provision. The court appointed advocate S P Majmudar as amicus curiae so that the legal issue on possibility of waving of six-month period after filing for divorce can be settled.

After hearing the case, the judge concluded that high courts and civil courts cannot exercise their powers for curtailment of the statutory waiting period of six months under section 13B(2) of the Act, but only apex court can do it.

Comments

Most viewed this month

Power of Attorney holder can also file cheque bounce cases: Supreme Court

The Supreme Court has held that a criminal complaint in a cheque bounce case can be filed and pursued by a person who holds a power of attorney (PoA) on behalf of the complainant. A three-judge bench headed by Chief Justice P Sathasivam gave the "authoritative" pronouncement on the issue, referred to it by a division bench in view of conflicting judgements of some high courts and the apex court. "We are of the view that the power of attorney holder may be allowed to file, appear and depose for the purpose of issue of process for the offence punishable under Section 138 of the Negotiable Instruments Act (which deals with cheque bounce cases)," the bench, also comprising justices Ranjana Prakash Desai and Ranjan Gogoi, said. The bench, in its judgement, said, "...we clarify the position and answer the questions in the following manner: "Filing of complaint petition under Section 138 of Negotiable Instruments Act through PoA holder is perfectly legal...

Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

Cause Title :  Bhagwant Singh vs  Financial Commissioner (Appeals) Punjab, Chandigarh,  CWP-2132-2018 (O&M), High Court Of Punjab & Haryana At Chandigarh Date of Judgment/Order : 31.08.2022 Corum : Hon’ble Mr. Justice Sudhir Mittal Background A large parcel of land was owned by the Nagar Panchayat. Thereafter, some of the co-sharers sold their shares to third parties including the petitioners herein. On 22.11.1995, respondents No.3 to 5 filed an application for partition of the land. The petitioners were not impleaded as parties.  On completion of proceedings, sanad was issued on 28.08.1996. Vide two separate sale deeds dated 28.05.2008 respondents No.3 and 5 sold some portion in favour of respondent No.6 and 7. These respondents sought implementation of the sanad resulting in issuance of warrants of possession dated 05.06.2008. Allegedly, it was then that the petitioners realized that joint land had been partitioned and that proceedings h...

Consumer forum can use forensic examination to settle disputes - NCDRC

A consumer forum has to follow a summary procedure for the adjudication of complaints. But at times, the authenticity and credibility of the evidence is challenged as fabricated. In such a situation, sometimes, a consumer forum refuses to weigh a complaint on the grounds that it involves adjudication of complicated facts. It, instead, asks the parties to approach the regular civil court. This is incorrect. In such a case, a consumer forum isn't helpless; it can obtain evidence by referring the documents for examination by experts. This significant ruling was given by a National Commission bench of judges K S Chaudhari and Suresh Chandra in revision petition number 2008 of 2012 on February 11, 2012 (The New India Assurance Co Ltd v/s Sree Sree Madan Mohan Rice Mill). The rice mill claimed a fire had broken out at its office-cum-manufacturing unit. An insurance claim was lodged for the loss. The insurance company didn't settle the claim. Aggrieved, the mill filed a complaint ...