Family Court Grants Divorce By Mutual Consent Within Just Eight Days

This could be an extremely rare and one of it’s first kinds in India. A family court in Pune has granted divorce to a couple within just eight days.

Case:

• The couple was married in 2015
• They did not have any children
• Both are IT professionals and were working together in the same firm at Pune
• Later after marriage the duo shifted to Bangalore
• However, soon the two had several differences and decided to part ways on June 30, 2018
• The woman moved back to Pune and took up a job there again, while the husband continued working in Bangalore
• While allowing the divorce decree after barely eight days of them moving the petition, this makes it a rare case when it comes to timelines
• The family court relied upon the 2017 Supreme Court judgement which held that the mandatory six-month cooling-off period, the norm for divorce by mutual consent, can be waived

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Vikrant Shinde, lawyer representing the lady, told media,

The couple has been living separately for over a year and a half before they decided to apply for divorce by mutual consent.

As of yet, there is no known case prior to this in which a divorce by mutual consent was granted in such a short span. A few months ago, we had a case where divorce was granted in 13 days. The SC directives provide that the first date of hearing of a divorce plea by mutual consent cannot be granted inside of eight days. As such, this appears to be the least term in which a divorce order has come through.

Our Take:

• While divorce can be a painful parting, living with someone with whom you can’t adjust and fighting with the same person legally can be even worse
• The judgement comes as a fresh breather, where couples feel choked with each other and mutually decide to part ways
• Of course, it depends on each couple respectively, how much time they want to give to their relationship before filing for the final application
• In several cases, where courts wanted couples to have a cooling off time of at least six months to a year after filing mutual divorce, chances of one side changing its mind was vast
• This led to further litigations as mutual divorces were then filed as contested divorce, which kept the other party fending for themselves endlessly
• Its high time our legal system is amended to ensure civil battles are not treated as criminal ones and if the couple decides to part ways, divorce process is made simpler for both sides
• If the couple is young, does not have kids; they have a long life ahead of them to find happier spaces once again
• Laws should be made for justice and not for harassment

ALSO READ –

http://voiceformenindia.com/in-the-law/divorce-after-33-years-gujarat-hc/

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