Divorce case: Punjab and Haryana HC dismisses plea seeking waiver of six-month ‘cooling-off’ period

Hindustan Times, Chandigarh | ByHT Correspondent, Chandigarh

Updated on: Aug 29, 2020 09:29 pm IST

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The woman stated that she is proceeding to Malaysia by the end of the month and due to the pandemic situation, it would be difficult for her to come back after six months.

The Punjab and Haryana high court has held that an estranged couple can apply for waiver of ‘cooling-off’ period in mutual consent divorce cases under the Hindu Marriage Act, where it has come on court record that they have been living separately for more than a year.

The high court bench of justice SN Satyanarayana and justice Archna Puri refused to interfere with an order passed by a Mohali court in which a couple had asked for a divorce with mutual consent and also sought waiving off the six-month period.

They got married in December 2017 at a gurdwara in Kharar and lived together till January 2019. But as certain issues cropped up between them, they decided to proceed independently and signed a settlement deed in the presence of elders from both sides on June 18, 2020. Following this, a joint petition for divorce was filed before a family court in July.

The family court in Mohali dismissed the plea for waiving off the cooling-off period, observing that nothing was brought on record to show that there is a long litigation pending between the parties. There is nothing to suggest that the parties to the petition ever made any effort through court for getting their matter settled or through mediation/conciliation before the filing of the present petition, the family court had said.

In high court, the appeal was filed by the woman, stating that she is proceeding to Malaysia by the end of this month and due to the pandemic situation, it would be difficult for her to come back after six months.

The HC refused to waive off the cooling-off period and upheld family court decision, observing that she can submit her statement for divorce or withdrawal of petition through video conference or through any other media without personally coming to India after six months.