Pune court grants couple divorce in 14 days waiving cooling-off period
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Pune: A family court in Pune granted a divorce by mutual consent for a couple within 14 days of filing the divorce petition, The Indian Express reported. The case is a rare instance against the precedence of a mandatory six-month cooling-off period, which was waived in the case.
Judge MR Kale ruled that from the facts, circumstances, and evidence on record, the couple could not live together and could not lead a happy married life due to differences of opinion and incompatibility of their temperament. They are entitled to divorce by mutual consent, the judge said in her order. The marriage councillor's report also stated zero possibility of reconciliation, Kale's September 29 order added.
The couple had married on December 12, 2017, under the Special Marriage Act. One of the two lawyers, Ajinkya Salunke, through whom the petition was filed, said that Section 28 of the Special Marriage Act lays down the norms regarding the six-month cooling-off period. The court waived the cooling-off period as the couple had already been living separately for more than a year, the advocate said.
The couple met at college, and both are software engineers. The man works in Dubai while the woman in Pune. According to Ajinkya, the couple started having differences soon after the marriage and constantly quarrelled.
The order said there was no dispute between the couple regarding the claim on maintenance as the woman had waived off her right for the same. Neither party will have any claim on each other's property, the court said.
Ajinkya said that as they had no children, there was no question of fighting for their custody either.
Ajinkya further said that the Supreme Court had in its ruling stated that a marriage could be annulled if the couple had been living separately for more than a year. The cooling-off period is to explore whether the differences between the quarrelling couple can be resolved. The SC said that if there was no chance of reconciliation, the cooling-off period could be waived, the advocate added.