Divorce by mutual consent don’t need 6 month’s time : High Court

New Delhi : The Punjab and Haryana High Court, in one of its decisions, exempted a couple from the six-month statutory deadline on a couple seeking divorce on the basis of mutual consent. The High Court has made it clear that if there is separation between husband and wife and all the possibilities of their living together are over, then it is not necessary to give them time as part of the effort to preserve the relationship.

Simultaneously, the High Court, while granting the couple an exemption from the six-month limit period, immediately ordered the Family Court to decide on their divorce. The High Court issued this order while hearing a petition seeking divorce on the basis of mutual consent by a couple. The court was told that they were married in December 2018 in Jhajjar according to Hindu customs. Both were living as husband and wife in Hisar. They do not even have a child. Due to some disputes, the two started living separately with mutual consent from August 2019.

Due to lack of reconciliation, man filed a joint petition before the Family Court on 13 October 2020 for the termination of marriage and divorce by mutual consent under the Hindu Marriage Act. His statements were also recorded at the first hearing of the case on 13 December 2020 and the case was adjourned till 19 April 2021 for the second hearing. Meanwhile, the woman started preparing for her second marriage. But she is not able to do so, under consideration of a mutual consent petition for divorce.