SC relief for ‘amicable couple’

The Supreme Court has allowed a couple to go their separate ways without waiting for the mandatory “cooling-off” period of six months on learning that they have decided to part as friends.

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Why is it in news?

  • The Supreme Court has allowed a couple to go their separate ways without waiting for the mandatory “cooling-off” period of six months on learning that they have decided to part as friends.
  • The apex court dissolved the marriage by a decree of divorce by mutual consent.
  • It also quashed criminal proceedings before a Gujarat court.

Significance of Judgement

  • This is one of the first cases in which the Supreme Court has followed its own September 2017 ruling.
  • It ruled in 2017, that Hindu couples, who have mutually agreed to separate, need not wait any more for the mandatory “cooling-off ” period of six months before divorce.
  • Previously, under the Hindu Marriage Act, once a couple moved a court of law for divorce, they had to wait for a minimum period of six months before the court actually passed a decree of divorce.
  • Divorce by mutual consent was introduced as an amendment to the Hindu Marriage Act in 1976.
  • The waiting period under Section 13B was mandated to prevent couples from taking any hasty decision to end their marriage.
 

Source

The Hindu