Mutual divorce process shortened by six months

The Supreme Court (SC) has waived the mandatory minimum period of six-month "cooling-off" period for cases of divorce with mutual consent. The top court on Tuesday laid down directions for lower courts to speed up the separation process, if both spouses agree to terms.

To advance the interest of justice, the court also allowed divorce proceedings to be conducted via video-conferencing and, in the event either one of the main parties was absent, close relations such as parents or siblings could represent them.

Currently, under the Hindu Marriage Act, after a couple files for divorce claiming mutual consent, they have to wait for at least six months intended to allow for reconciliation. "Section 13B(2) contains a bar to divorce being granted before six months of time elapsing after filing of the divorce petition. The period was laid down to enable the parties to have a rethink so that the court grants divorce only if there is no chance for reconciliation."