NO MORE WAITING FOR DIVORCING COUPLE

In a recent ruling, the Supreme Court of India has stated that in case of mutual consent divorce, if the court is satisfied that a case is made out to waive the statutory
period under Section 13B(2), it can do so after considering
the following :
i)
the statutory period of six months specified in
Section 13B(2), in addition to the statutory period of
one year under Section 13B(1) of separation of
parties is already over before the first motion itself;
ii)
all efforts for mediation/conciliation including efforts
in terms of Order XXXIIA Rule 3 CPC/Section 23(2) of
the Act/Section 9 of the Family Courts Act to reunite
the parties have failed and there is no likelihood of
success in that direction by any further efforts;
iii)
the parties have genuinely settled their differences
including alimony, custody of child or any other
pending issues between the parties;
iv)
the waiting period will only prolong their agony.
19.
The waiver application can be filed one week after the
first motion giving reasons for the prayer for waiver.
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20.
If the above conditions are satisfied, the waiver of the
waiting period for the second motion will be in the discretion
of the concerned Court.