Keeping couple tied to legal bond would snatch away opportunity to lead fulfilling life, says HC; grants mutual divorce to couple

PTI, Mar 23, 2022, 7:33 PM IST

New Delhi: The Delhi High Court has waived the six-month cooling off period under the law and granted divorce decree to an estranged couple by mutual consent, observing that keeping them tied to a legal bond would only mean snatching away from them the opportunity to lead a fulfilling life.

A bench of Justices Vipin Sanghi and Dinesh Kumar Sharma said that in this case both the man and woman are well educated and independent individuals who have mutually decided the fate of their marriage and they are at an age where they may start a new life if given a chance.

“However, keeping them tied to a legal bond would only mean snatching away from them the opportunity ever to lead a fulfilling life,” it said.

The court’s observation came while setting aside a family court’s order which had rejected the second motion petition moved by the parties jointly under the Hindu Marriage Act on the ground that the statutory period of six months from the date when the first motion was moved, and period of 18 months from the date of separation, has not expired.

The man and woman had got married in November 2016 and due to disputes between them, they decided to part ways and were not cohabiting as husband and wife since October 2020.

The parties had submitted that all efforts of reconciliation and resolution of differences by their family members and well-wishers had failed at multiple forums. Realising the agony and pain of an abusive marriage, the parties had reached an overall settlement and executed the settlement deed in October 2021, resolving all their pending disputes and claims and filed for mutual divorce.

The family court, however, rejected the second motion petition which the estranged couple challenged in the high court.

The high court set aside the family court’s order and said it does not consider it appropriate to remand the matter to the family court since the parties have been separated since October 2020 and they have arrived at an overall settlement concerning all the inter se disputes and claims.

“The counsel also informed us that other terms and conditions of the settlement have already been adhered to. Even otherwise, 18 months from the date of separation of the parties would expire on April 2, 2022. Considering the fact that not even a month is left for that date to arrive, we, accordingly, allow the same and pass a decree of divorce by mutual consent of the parties under Section 13B of the Hindu Marriage Act, 1955 after waiving the statutory period under Section 13B of the Act,” the bench said.

Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.

Top News

Ashraf does volte-face on controversial “Dushman Mulk” comment, calls Indian reception “fantastic”

Not advisable to tinker with existing age of consent under POCSO Act: Law Commission to govt

Cauvery issue: Dy CM Shivakumar says Karnataka bandh was not needed

Tamil actor Vishal alleges corruption in CBFC’s Mumbai office, I&B orders inquiry

ISKCON says it sent Rs 100-crore defamation notice to Maneka Gandhi

Mangaluru: Lorry union calls off strike

Contempt of Court: Doctor promises to engage in community service in government hospital

Related Articles More

Delhi jewellery shop burglary: 2 held in Chhattisgarh, 18.5 kg ornaments recovered

Akasa Air plane makes emergency landing at Varanasi airport due to bomb threat; nothing objectionable found after security check

Women’s reservation bill gets President’s assent

Former Gujarat Public Service Commission chief Dinesh Dasa takes oath as UPSC member

AI passenger onboard Delhi-SFO flight suffers burns after crew accidentally spills coffee; airline apologises


Kudukulli Mahalingeshwara Temple

Shivanna apologized to actor Siddharth on behalf of the Kannada film industry

Unbelievable Rescue: From Stray Kitten to Black Panther Companion

Diving into the mesmerizing world of the Aquatics Gallery

Ashtamida Aisira that reflects the culture of Tulunad

Latest Additions

World Heart Day: Heart Health Awareness Art Sculpture unveiled at Kasturba Hospital, Manipal

Kundapura: Couple killed after coming to contact with broken overhead electric wire

Hundreds of protestors detained as precaution during Karnataka bandh; no violence reported: Police

Delhi jewellery shop burglary: 2 held in Chhattisgarh, 18.5 kg ornaments recovered

GR Medical College students summoned to KEA on Sep 30 for seat re-allocation

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.