The High Court at New Delhi in India has ordered to waive all the statutory provisions for mutual consent. A remarkable judgment delivered by the full bench of New Delhi under Justice Navin Chawla has removed all the obstacles in the Hindu Marriage Act and instructed not to follow the statutory provisions in granting divorce by mutual consent. It enables the Indians to get a divorce on a single day. The historic judgment,t which is a whole precedent to the entire world, was delivered in the case Sk Vs Sk on 18/1/2/2025.
The Full bench of the New Delhi High Court has overruled the division bench judgment and has now relaxed the statutory period of one year separation before filing, as the mutual consent is waived. And in exceptional circumstance it also relaxed the 6 months waiting period to obtain a divorce after file mutual consent petition. But this judgment will not bind other high courts and states unless it is approved by the Supreme Court of India. But the people under the exclusive jurisdiction of the New Delhi court will get benefited by this judgment.
Justice Navin Chawla, on invoking section 14 (1) ofthe Hindu Marriage Act, says that Section 13 B (1) can be overlooked on the powers of the Court. And it is also not barred to waive the six-month cooling period provided under section 13 B of the Hindu Marriage Act. The court asks in case of dead marriages to use the power granted under section 14 (1) of the Hindu Marriage Act. It can be utilised when a case cannot be reconciled under the act, a strong presumption of broken marriage will not stand in the way of sanctity, stability and solemnity of the marriage institution preserved under Hindu culture and dharma.
Advocate K.P.Satish Kumar M.L.
High Court Madras
