Introduction

The High Court of Punjab and Haryana has held that an alien couple can apply for waiver of the cooling-off period in cases of mutual consent for divorce under the Hindu Marriage Act, where it has been reported in court that they have been living separately for more than a year. The woman said that she was moving to Malaysia by the end of the month, and it would be impossible for her to come back after six months because of the pandemic situation.

Facts of the case

They were married at the Gurdwara in Kharar in December 2017 and stayed together until January 2019. However, when some problems emerged between them, they agreed to proceed individually and signed a settlement act in the presence of elders from both sides on 18 June 2020. Following this, a joint petition for divorce was filed with the family court in July.

Legal Standpoint

The family court in Mohali dismissed the petition for waiving the cooling-off time, noting that nothing had been reported to prove that there was a long conflict between the parties. There is nothing to indicate that the parties to the petition have made any attempt through the court to resolve their case or through mediation / conciliation before filing the present petition, the family court said.

At the High Court, the woman filed an appeal claiming that she is continuing to Malaysia by the end of this month and that it will be impossible for her to return after six months due to the condition of the pandemic. The HC declined to waive the cooling-off period and upheld the decision of the family court, observing that it must send a declaration of divorce or withdrawal of a petition via a video conference or any other media without having personally arrived in India after six months.

Conclusion

The High Court of Justice SN Satyanarayana and Justice Archna Puri declined to intervene with the order passed by the Mohali court, in which a couple had applied for a divorce with mutual consent, and also sought to waive the six-month period.