The Gujarat High Court on Tuesday ruled that the six-month cooling-off period is not mandatory for couples seeking divorce by mutual consent, especially where reconciliation is unlikely. The court quashed a Family Court order that had rejected a divorce petition solely on the grounds that the statutory waiting period was not observed.

The case involved a couple married in 2023 who had been living separately for over a year due to irreconcilable differences. The Family Court had initially rejected their petition, citing the legal mandate of the cooling-off period, which allows couples time to reconsider their decision.

The High Court observed that enforcing a mandatory waiting period when the marital relationship has completely broken down serves no purpose and can unnecessarily prolong mental stress for both parties. It emphasized that the law should focus on delivering justice, not enforcing formalities that hinder resolution.

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Lawyer Pooja Baswal, representing the petitioner’s wife, said the court noted that both parties were young, had no children, and the wife was already receiving maintenance. The High Court instructed the Family Court to reconsider the petition and deliver a fresh judgment, keeping in mind the possibility of waiving the cooling-off period.

Legal experts believe the judgment could have far-reaching implications, encouraging Family Courts to adopt a more pragmatic and humane approach for mutual consent divorces. The ruling aims to reduce unnecessary delays and provide faster relief to couples for whom reconciliation is impossible.

The Gujarat High Court’s clarification reinforces that the six-month period is not a rigid barrier, setting a precedent for other courts across India to ensure justice is balanced with practicality and compassion in matrimonial disputes.

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