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Why Do Cooling Period Is Required In Divorce Matters ?

  • Writer: lead India
    lead India
  • May 3, 2023
  • 3 min read

In a mutual divorce, both the husband and the wife agree to the divorce and the terms and conditions of the separation. This type of divorce is typically speedier and less expensive than one that is contested. The majority of couples decide to divorce peacefully to avoid drawn-out and expensive judicial fights. If both parties agree on the reasons for the separation, the court will typically grant the divorce without any problems.


There is just one catch: both spouses must agree to every aspect of the separation in order for the mutual divorce to be finalized. This covers alimony, child custody, and property division. They must submit a contested divorce application if even one of their marital disagreements cannot be resolved.


Any couple who applies for a mutual divorce must adhere to the cooling-off period. The pair has the chance to reflect during this time and possibly reach an understanding. The typical six-month cooling-off period has a few exceptions.


For instance, if one party can prove that the other is to blame for the marriage's dissolution, a shorter cooling-off period may be permitted. Important to keep in mind is that the cooling-off period may be extended with the agreement of both parties. This may be helpful for couples who need more time to complete their divorce agreement or for those who have a hard time getting along.


Legal Requirements:


The Hindu Marriage Act of 1955's Section 13-B mandates that married couples who desire to file for divorce do so through a divorce attorney. For a divorce to be regarded as consensual, both parties must consent to a peaceful separation. If both parties agree, ending a marriage legally is a straightforward process.


There must be a six-month cooling-off period between the first and last petitions for divorce by consent under the Hindu Marriage Act of 1955, in order to assess settlement and cohabitation options. The time frame is formally referred to as the "cooling period." It makes sense that both parties seek to reach a divorce settlement. A mutual, uncontested divorce is often the least expensive way to dissolve a marriage. Nevertheless, the key breathing room in a quiet divorce is actually the relatively low-effort cooling-off period.


The cooling off period in instances of consensual divorce cannot be addressed in a generalized manner. Due to the particular circumstances of each divorce, the cooling-off period's duration will depend on its details. The cooling-off period, however, generally speaking, is intended to give couples some time to consider their divorce decision and make sure it is the best course of action for both parties.




Case Laws:


The Hindu Marriage Act, 1955, Section 13B(2) requires a 6-month "cool down" or waiting period after the filing of the divorce petition before the procedure moves forward to give the couple one final opportunity to patch things up. When it comes to the question of whether the 6-month cooling-off period is necessary or whether courts may waive it in certain circumstances, civil cases all around the country frequently reach conflicting findings.


In the recent case of Amardeep Singh v. Harveen Kaur, the Supreme Court of India confirmed its stance on this issue. by applying the law's interpretation to the statutory cooling-off period demanded for spouses who divorce amicably under the aforementioned Section 13B(2) of the Hindu Marriage Act, 1955. In this case, the property division and child custody decisions were made before the divorce petition was ever filed.


They had lived apart and far from one another for eight years. Before the court had to decide whether or not the six-month cooling-off period was still in force, the divorcing couples had plenty of time to think things over.


No two relationships are alike, so it makes sense that each person's cooling-off period would be different. It may take some couples longer than others to weigh their alternatives and decide whether to proceed with a divorce. Some people might decide to cohabit after all if they have time to cool off. The conclusion is that this question does not have a single, pertinent response. The conditions of the couple are what determine everything.


If the case was filed in Gurgaon, a divorce lawyer in Gurgaon may be appointed. A divorce lawyer in noida may be selected if the case has been filed there. divorce lawyer in delhi can also be appointed.


To address the issue, Lead India provides a variety of knowledge, legal services, and free legal advice online. To get the best guidance in this case, ask a legal question for free online and talk to a lawyer.



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