Why I Welcome SC's Decision To Waive Six-Month Waiting Period For Divorce

The Supreme Court on Monday held that it can use its special powers under Article 142 of the Constitution of India to dissolve a marriage on the grounds of "irretrievable breakdown." According to the five-judge bench headed by Justice SK Kaul, the six-month cooling period prescribed by the Hindu Marriage Act can be waived under certain conditions.

The court will waive off the statutory waiting period subject to the requirements and conditions laid down by the previous judgements: if the cooling-off period had expired before a couple submitted their petition, if all mediations had failed and there was no likelihood of reconciliation, if the couple had settled all matters pertaining to alimony, maintenance, properties, child custody, etc., and if the cooling-off period would only prolong the agony.

Mutual Divorce Waiting Period

The whole point of the waiting period is for the couple to have a period of time to reflect on their decision. However, I personally feel there is no point for a couple to go through another six-month waiting period if they fulfil all the aforementioned requirements. Why do couples have to go through societal, cultural, financial, and emotional strain if there is no scope for reconciliation?

As someone who has gone through a divorce, I highly welcome this significant judgement. I had a mutual divorce based on irreconcilable differences, and I had clearly settled all matters pertaining to alimony, maintenance, and child custody before approaching the court with my petition. I was exempted from the counselling sessions but had to adhere to the six-month cooling-off period.

Although I had settled everything before approaching the court, having to attend hearings over the course of six months was emotionally and financially exhausting. I was legally married for two years but separated a year after marriage and lived separately for another year. So, technically, I had completed one year of marriage and was separated for another year, which was more like a cooling-off period. So, I was very certain of my decision, and I could have gotten divorced sooner if not for another six months of cooling off.

I was one of the lucky ones who had a hassle-free divorce, and there was no pressure from the court for me to reconcile. Although we had a mutual consent divorce, there were certain demons of the past that made it excruciating for me to be around my ex-husband. It used to drain me emotionally and financially every time, and I felt I was still stuck with him for those six months. I wasn't able to put it all behind me once and for all and move on. I couldn’t even get started with my healing process.

There were these relatives, family friends, and neighbours who felt entitled to still consider me "married" because the case was ongoing. Despite drawing boundaries, I was subjected to constant, unsolicited advice from random people, which took a toll on my emotional health. If my case had just gotten done sooner than the six-month period, I would have been spared from all their taunts and advice. As someone who has been there and done it, I’m extremely happy with the Supreme Court’s move.

I’m not being insensitive to the people who are going through years of contested divorce. I have friends who are in that phase, and I understand their pain is a million times greater than mine, and I respect their resilience. That being said, I’m only talking about my individual experience, and maybe people who’ve had a cut-and-dry mutual divorce but still had to wait through the six-month cooling period might be able to relate to my experience.

Suggested Reading: Why India Needs To Re-think Its Divorce Laws