Karnataka High Court waives cooling-off period for techie couple seeking divorce

The High Court has waived the one-year cooling-off period, specified under Section 28 of the Special Marriages Act, to a young couple who sought divorce by mutual consent in order to concentrate on their career.

A division bench headed by Justice G Narendar allowed the joint appeal filed by the couple and directed them to move the family court in Bengaluru.

The couple, both engineers working in private companies, had married on November 16, 2022, under the provisions of the Special Marriage Act, 1954.

They filed an application on February 24, 2023, seeking grant of divorce by mutual consent.

On March 25, 2023, the family court in Bengaluru rejected their petition, citing a one year cooling-off period.

Challenging this order, the couple cited judgments of the high court as well as the Apex Court and contended that the cooling-off period is not mandatory.

The division bench noted that the very object of cooling-off period for filing of the petition and further period of six months from the date of filing the petition is to see if the parties can change their mind and resolve their differences.

The court observed that the pleadings in the petition make it clear that the parties have realized that their personality differences are found and there are strong likes and dislikes.

It noted that despite making best efforts to reconcile, the couple has decided to part away from the institution of marriage without making any allegation or claims against each other.

“The parties to the proceedings are between the age group of 32 to 37 years and they have specifically averred that they intend to concentrate on their career and decided to move on in their respective life. The said decision of the appellants is a conscious decision and the parties are quite mature about the consequences of the said decision. In the facts and circumstances narrated above, this court is of the considered view that the possibilities of reconciliation between the appellants are bleak. Hence, it would be appropriate to exercise discretion for waiving off the cooling period by permitting the appellants to move the petition for dissolution of marriage by mutual consent,” the bench said.

The family court is directed to consider their application in accordance with law and pass appropriate orders.