On September 12, 2017, the Supreme Court in a landmark ruling held that Section 13B(2) of the Hindu Marriage Act is not mandatory but directory in nature. Acting on this judgment, the Mumbai family court waived the “cooling off” period for a couple who have been living separately over a decade now.

Post the Supreme Court ruling, the waiver has been granted for the first time by the Mumbai court. In the present case, the couple married in 1987 and was living apart since 2008. The wife was diagnosed with cancer and undergoing treatment in Mumbai since last month. The estranged wife asserted that she no longer wish to wait for the divorce decree in a dead marriage as this would only increase her trauma and stress.

Considering the plight of the aggrieved woman, counsel Anagha Nimbkar in her mutual consent divorce plea sought waiver off six month period. Justice M M Thakare adjudicating the present matter observed that there was an irretrievable breakdown of the marriage and the wait would only be torturous for the parties. The parties have genuinely sorted their differences, agreed on alimony and other issues. The court also observed that since a 30-year old marriage has reached to the stage of divorce, it clearly means that the marriage is broken beyond repairs. Further, the parties have also stayed away from each other for more than a year before filing a divorce.

Post the Supreme Court ruling, the waiver has been granted for the first time by the Mumbai court. In the present case, the couple married in 1987 and was living apart since 2008. The wife was diagnosed with cancer and undergoing treatment in Mumbai since last month. The estranged wife asserted that she no longer wish to wait for the divorce decree in a dead marriage as this would only increase her trauma and stress.

Keeping in mind all the facets of the present case, the court held that it is a perfect case to waive the statutory six month period.