The Supreme Court of India has spoken about the cooling-off period for divorce in several cases. Here are some notable quotes:
“The object of the provision is to enable the parties to dissolve a marriage by consent if the marriage has irretrievably broken down and to enable them to rehabilitate them as per available options.” – from the case of Amardeep Singh vs. Harveen Kaur (2017)
“The legislative mandate to the Court to ensure that the parties have genuinely settled their differences and their consent for divorce is not under any kind of coercion, fraud or undue influence, and the Court shall also be satisfied that parties have taken a conscious decision and their consent was not granted by force, fraud or undue influence.” – from the case of Anjana Kishore vs. Puneet Kishore (2020)
“The idea behind the introduction of the cooling-off period was to safeguard the interests of the wife and to prevent a hasty decision if there was any possibility of reconciliation between the parties.” – from the case of Naveen Kohli vs. Neelu Kohli (2006)
“The waiting period was not intended to be used as a tool to force the parties to rethink their decision, but rather as a safeguard to ensure that the parties have had enough time to consider their options and that their decision is informed and voluntary.” – from the case of Sureshta Devi vs. Om Prakash (1991)
These quotes illustrate the Supreme Court’s position that the cooling-off period is an important safeguard for the parties involved in a divorce and should be used to ensure that their decision is voluntary and informed.
The cooling-off period is a mandatory waiting period for couples seeking divorce by mutual consent in India. The period was introduced in 1976 by an amendment to the Hindu Marriage Act, and subsequently extended to other personal laws. The aim of the cooling-off period is to provide an opportunity to the couple to reflect on their decision and consider reconciliation. The waiting period is currently set at six months, but the court can waive the period in certain circumstances, such as when there is a threat to the life or liberty of one of the parties.
The Supreme Court has emphasized that the cooling-off period is not intended to be a barrier to divorce, but rather a safeguard to ensure that the parties have fully considered their decision and that their consent is not obtained by coercion, fraud, or undue influence. The court has also held that the waiting period should not be used as a tool for one party to force the other to reconsider their decision or to extract concessions.
Overall, the cooling-off period is an important aspect of divorce law in India, and the Supreme Court’s guidance on its interpretation and application has been instrumental in shaping the law and protecting the rights of the parties involved.
