Supreme Court nixes cool-off rider, gives divorce

New Delhi: The Supreme Court has granted divorce to a lawyer couple, invoking its inherent powers, and waiving off the cooling period of minimum six months under the Hindu Marriage Act.

A bench of Justices Kurian Joseph and R.K. Agrawal passed this order while dismissing a writ petition filed by the wife to declare the marriage held over seven years ago as null and void.

The husband wanted divorce from his wife seven years ago, and the wife had opposed the same at that time. Thereafter she filed a writ petition in the apex court to annul the marriage.

The bench in a brief order said once the marriage has not actually worked out, there has to be a solution either by way of mending or ending it. Thereafter, the court appointed an amicus curiae to assist the court and he submitted that the instant case is an eminently fit case where it could invoke its jurisdiction under Article 142 of the Constitution for waiving off the six-month period provided under Section 13B of the Hindu Marriage Act in view of the long separation of seven years between the parties and the several rounds of litigation the parties have gone through.

The bench said though the writ petition is wholly misconceived, in view of the steps now taken by the petitioner wife and for which the husband has wholeheartedly supported, “we are of the view that the interest of justice would demand that the ordeal should be put to quietus once and for all.”

The bench therefore granted divorce to the lawyer couple.