Judgment
Landmark Judgments
I am thrilled to spotlight five significant legal judgments that specifically address the waiver of the mandatory 6-month waiting period in cases of mutual divorce. Specifically when a marriage has experienced an irretrievable breakdown with no chance of reconciliation.
Landmarking Judgment in Family Court Matter: LAW (SC) 2017 (9) Page No.31 between Amardeep Singh Vs. Harveen Kaur
LAW (SC) 2017 (9) Page No.31 between Amardeep Singh Vs. Harveen Kaur. I have perused the above decision & in the decision of the Hon’ble Supreme Court it is held that the waiting period of six months is not mandatory but it is only directory and can be relaxed in cases where there are materials to waive the statutory period. So in the said decision the Hon’ble Supreme Court has explained in what circumstances the court can waive the statutory period and certain four conditions are described. The same decision has been followed by the Hon’ble High Court of Karnataka which is referred hereinafter and also in two decisions of the High Court of Punjab and Haryana and High Court of Chandigarh.
Nithesh Raj Acharya V/s.Smt.Babita.P. Acharya in WP No.33019/18 dated 4-9-2018: Waiver Application Rejected by Family Court.
Nithesh Raj Acharya V/s.Smt.Babita.P. Acharya in WP No.33019/18 dated 4-9-2018. I have perused this decision, wherein in a similar case the dispensation of application filed before the Trial Court was rejected and in those circumstances the matter was taken before the Hon’ble High Court of Karnataka where an observation was made that in view of the decision and law laid down by the Hon’ble Supreme Court in Amardeep Singh’s case, it was held that the Trial Court had to waive the statutory period of six months because the parties of that case were having complete incompatibility between them and they were residing separately for a period of one year and there was no chance for reunion. Accordingly the waiver was granted and the trial court was directed to go on with the evidence.
Sri.Charan.S and Smt. Vani.S in WP No.41451-452/2019-Dismissal of Waiver Application by the IV Addl. Family Court, Bengaluru was incorrect
Sri.Charan.S and Smt. Vani.S in WP No.41451-452/2019 dated 1-10-2018. In this decision the Hon’ble High Court of Karnataka observed that the dismissal of waiver application by the IV Addl. Family Court, Bengaluru was incorrect and by referring to the law laid down in Amardeep’s case. Observing no chance for reunion, the Trial Court should have considered and granted the waiver application. Thus the order of the Trial Court was set aside and waiver was granted and the petitioners were permitted to go before the Trial Court to seek dissolution of their marriage.
Mrs.Ananya.R and Avinash Nagaraj in WP No.6450 of 2020
Mrs.Ananya.R & Avinash Nagaraj in WP No.6450 of 2020 dated 20-03-2020. I have perused the decision, it is the latest decision of the year 2020 rendered by the Hon’ble High Court of Karnataka. In a similar case where I.A. No. III for waiver was rejected by the Family Court, Bengaluru. The parties approached the Hon’ble High Court and in those circumstances the Hon’ble High Court made an observation that because the marriage of the parties was irretrievably broken down and there was no chance for reunion, the object of cooling off period was to be considered and it was not to prolong the agony of the parties. And thus the orders passed by the High Court or the Trial Court on I.A. No. III were set aside and the statutory waiting period was waived.
Mr.Atif Ulla Shariff and Mrs.Nina Mohmoudi in WP No.10601/2020 dated 5-10-2020
Mr.Atif Ulla Shariff and Mrs.Nina Mohmoudi in WP No.10601/2020 dated 5-10-2020. In this decision the Hon’ble High Court took up the dismissal of the waiver application by Family Court, Bengaluru. The High Court observed that when parties are living separately and have agreed to dissolve their marriage by mutual consent after settlement of ali mandatory payment and exchange of articles, continuation of their matrimonial life would only agonized the parties but would not serve any parties. Therefore the Hon’ble High Court of Karnataka set aside the orders of the Trial Court. The prayer of the petitioners was allowed and statutory period was waived.