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    Divorce Cooling Off Period - Gujarat High Court

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    1. The petitioner filed a petition in the High Court of Gujarat seeking a waiver of the mandatory 6 month waiting period to file for divorce by mutual consent. 2. The petitioner and respondent had been residing separately since 2008, obtained a customary divorce in 2008, and filed for mutual consent divorce in 2015 but the trial court rejected waiving the 6 month period. 3. The High Court allowed the petition, set aside the trial court's order, and waived the 6 month period. It noted the parties had been separated for 7 years, urgency since the wife wanted to remarry abroad by the end of January 2016, and precedents supported waiving the waiting period in such circumstances.

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    Divorce Cooling Off Period - Gujarat High Court

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    Unimarks Legal Solutions
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    1. The petitioner filed a petition in the High Court of Gujarat seeking a waiver of the mandatory 6 month waiting period to file for divorce by mutual consent. 2. The petitioner and respondent had been residing separately since 2008, obtained a customary divorce in 2008, and filed for mutual consent divorce in 2015 but the trial court rejected waiving the 6 month period. 3. The High Court allowed the petition, set aside the trial court's order, and waived the 6 month period. It noted the parties had been separated for 7 years, urgency since the wife wanted to remarry abroad by the end of January 2016, and precedents supported waiving the waiting period in such circumstances.

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    Divorce Cooling Off Period - Gujarat High Court

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    1. The petitioner filed a petition in the High Court of Gujarat seeking a waiver of the mandatory 6 month waiting period to file for divorce by mutual consent. 2. The petitioner and respondent had been residing separately since 2008, obtained a customary divorce in 2008, and filed for mutual consent divorce in 2015 but the trial court rejected waiving the 6 month period. 3. The High Court allowed the petition, set aside the trial court's order, and waived the 6 month period. It noted the parties had been separated for 7 years, urgency since the wife wanted to remarry abroad by the end of January 2016, and precedents supported waiving the waiting period in such circumstances.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    2K views3 pages

    Divorce Cooling Off Period - Gujarat High Court

    Uploaded by

    Unimarks Legal Solutions
    1. The petitioner filed a petition in the High Court of Gujarat seeking a waiver of the mandatory 6 month waiting period to file for divorce by mutual consent. 2. The petitioner and respondent had been residing separately since 2008, obtained a customary divorce in 2008, and filed for mutual consent divorce in 2015 but the trial court rejected waiving the 6 month period. 3. The High Court allowed the petition, set aside the trial court's order, and waived the 6 month period. It noted the parties had been separated for 7 years, urgency since the wife wanted to remarry abroad by the end of January 2016, and precedents supported waiving the waiting period in such circumstances.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 3
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    The key takeaways are that the petitioner sought waiver of the mandatory 6 month waiting period for divorce by mutual consent under the Hindu Marriage Act. The High Court set aside the trial court's order rejecting the application and waived the 6 month period.

    The case is about a petition filed by the petitioner Nilamben Bharatkumar Patel seeking waiver of the mandatory 6 month waiting period for filing for divorce by mutual consent under the Hindu Marriage Act.

    The petitioner cited that one of the spouses (the wife) intended to remarry, and the would-be husband resided abroad. Passport procedures needed to be completed by end of January 2016.

    HC-NIC

    UNIMARKS LEGAL SOLUTIONS


    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    SPECIAL CIVIL APPLICATION NO. 20889 of 2015
    ==========================================================

    NILAMBEN BHARATKUMAR PATEL....Petitioner(s)


    Versus
    BHARATKUMAR DAHYABHAI PATEL....Respondent(s)
    ==========================================================

    Appearance:
    MR. PR BRAHMBHATT, ADVOCATE for the Petitioner(s) No. 1
    MR. MEET M. THAKKER, ADVOCATE for the Respondent No.1
    ==========================================================

    CORAM: HONOURABLE MR.JUSTICE R.D.KOTHARI


    Date : 22/12/2015
    ORAL ORDER

    1.

    Rule. Learned advocate Mr. Meet M. Thakker waives

    service of Rule on behalf of the respondent No.1.


    2.

    Learned advocate Mr. Meet M. Thakker undertakes

    to file his appearance.


    3.

    Heard learned advocate for the parties.

    4.

    The petitioner claimed to be aggrieved refusal by

    trial Court to waive 6 months period in Hindu Marriage


    Petition No. 8 of 2015 for divorce by mutual consent.
    5.

    Marriage of the petitioner with the respondent

    was solemnized on 30.10.2002. Thereafter, few years


    the parties resided together. Since the year 2008 they
    are

    residing

    customary

    separately.

    divorce.

    The

    They

    said

    have

    deed

    also

    was

    obtained

    executed

    on

    18.08.2008. Thereafter, the parties have filed divorce

    Page 1 of 3
    Page 1 of 3

    Created On Sun Dec 27 18:56:22 IST 2015

    HC-NIC

    UNIMARKS LEGAL SOLUTIONS

    petition by mutual consent on 24.08.2015, then the


    application of waive 6 months period was filed on
    07.10.2015. Attention was also drawn of this Court to
    the order passed by the trial Court.
    6.

    In very short order the trial Court has rejected

    the application only on the ground that Court has no


    power

    to

    waive

    the

    to

    waive

    application
    details,

    it

    considered

    appears
    the

    application

    months

    the

    that

    said

    appears

    period.

    months

    the

    to

    be

    period

    trial

    application.

    Though

    Court

    was

    in

    has

    not

    of

    the

    considering

    the

    Rejection

    without

    the

    facts and circumstances of the case.


    7.

    Relevant circumstances namely the fact that the

    parties are residing separately more than 7 years,


    execution of divorce deed to obtain customary divorce,
    reason of urgency expressed on behalf of one of the
    spouses namely the wife, are not considered by the
    trial Court. Besides these circumstances the trial
    Court
    urgency

    could
    and

    have
    could

    verified
    have

    their

    willingness

    satisfied

    itself.

    and

    Herein

    attention of the trial Court was drawn to the judgment


    of Jigneshkumar Dilipbhai Patel v. Principal Senior
    Civil

    Judge,

    reported

    in

    (2014)

    GLR

    Page

    566.

    Referring this judgment the trial Court rejected the


    application.

    Applicability

    of

    the

    Jigneshkumar

    Dilipbhai Patel (supra) case or not is not considered


    by the trial Court.
    8.

    At the time of hearing learned advocate for the

    petitioner has also drawn attention to order passed by

    Page 2 of 3
    Page 2 of 3

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    HC-NIC

    UNIMARKS LEGAL SOLUTIONS

    this Court in Special Civil Application No. 3615 of


    2013.
    9.

    As stated by learned advocate for the petitioner

    reason for urgency on the ground that one of the


    spouses namely wife intends to remarry. The would be
    husband resides at abroad and passport procedure are
    to be completed preferably by the end of January,
    2016.
    10. In
    petition

    view
    is

    of

    the

    allowed.

    above
    6

    discussion,

    months

    period

    the

    present

    for

    seeking

    divorce is hereby waived. The order dated 11.12.2015


    passed by the trial Court is hereby set aside. Rule is
    made absolute.
    Direct service is permitted.

    (R.D.KOTHARI, J.)
    BD Songara

    Page 3 of 3
    Page 3 of 3

    Created On Sun Dec 27 18:56:22 IST 2015

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