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Supreme Court waives off the mandatory Six-month cooling-off period for divorce

Team SoOLEGAL 1 Oct 2018 4:30pm

Supreme Court waives off the mandatory Six-month cooling-off period for divorce

The Supreme Court bench of Justices Kurian Joseph and S K Kaul has allowed a couple to part ways as friends after waiving the mandatory cooling-off period for divorce.

The SC bench using its extra-ordinary power under Article 142 of the Constitution dissolved the marriage, saying that they were convinced that the couple has taken a “conscious decision to part as friends”.

Article 142 of the Constitution deals with the apex court’s power to exercise its jurisdiction and pass an order as is necessary for doing complete justice in any cause or matter pending before it.

The court made several key observations while granting divorce to the couple. First, the court noted that during the pendency of the transfer petition, the couple had reached an amicable settlement.

The apex court also considered the fact that the man has handed over a cheque amounting to Rs 12,50,000 to the woman which she has duly acknowledged.

The couple had got married in Delhi in 2016 and stayed together only for a month, as following disputes they got separated. The man then filed a divorce petition while the woman had filed a complaint against at Anand in Gujarat in December 2017.

Further, the woman moved a transfer petition in the Supreme Court through senior advocate Rakesh K Khanna and advocate Dushyant Parashar.

The SC bench, then took note of the terms of the settlement and ruled that the marriage has been dissolved by a decree of divorce by mutual consent.

 

Tagged: Cooling period in a Mutual Consent Divorce   Mutual Divorce   Divorce   Article 142 of the Constitution of India   Justice Kurian Joseph   Justice S K Kaul   Supreme Court  
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