The Supreme Court has stated that the minimum cooling period of six months followed under Hindu law before granting divorce can be waived by trial court provided there is no possibility of cohabitation between the couple.
In an attempt to explore the possibility of cohabitation or settlement, the 1955 Hindu Marriage Act grants a statutory cooling period of six months, between first and last motion of for seeking divorce by mutual consent, to the estranged couple.
A bench comprising of Justices AK Goel and UU Lalit said that they are of the view that the period mentioned in section 13B(2) is not mandatory but directory and added, "It will be open to the court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation."
The apex court said that this minimum period can be relaxed by the trial court in some cases owing to the certain situation after the estranged couple file a waiver application within a week of filing the first motion.
The court further said that while conducting the proceedings, the trial court can use video conferencing as a medium. The apex court in its verdict explained its flexibility to accept close relations like parents or siblings, to appear in front of court when the main parties are unable to appear in front of the court for a valid reason.
It noted that cooling off period was a safeguard against "hurried decision", especially in cases where there was a possibility of a reunion between the two partners.
"Though every effort has to be made to save a marriage, if there are no chances of reunion and there are chances of fresh rehabilitation, the court should not be powerless in enabling the parties to have a better option," the verdict said, PTI reported.
The bench was hearing a case where a couple filed a plea that sought the waiver of six months on the grounds that they had been living separately for eight years and that there was no chance of reconciliation when it came to patching up the differences.
