High Court Eases divorce Process

Bhadra Sinha

In a landmark ruling, the HC has held that it shall not be mandatory for a court to make a couple wait for six months for filing of the second motion application for a divorce.

The sessions judge held that the prescribed period could not be waived off as the reasons for which divorce was sought did not disclose a case of undue hardship to either of the parties. This period was provided to prevent the parties from making hasty decisions, the judge held.

However, Justice Mudgal said when it is certain that a reunion is impossible, it is proper to grant a decree of divorce immediately. The six months' period was not mandatory but just directory, he held. "Success of married life depends on the edifice build with mutual trust, understanding, love, affection, service and sacrifice. Once this edifice is shaken, happy marked life will be shattered into pieces", said Justice Mudgal.