Bombay High Court Adopts Realistic Approach, Waives Cooling Off Period for Divorce
The Bombay High Court has granted a divorce to a Pune-based couple, waiving the mandatory six-month cooling off period. Justice Gauri Godse emphasized the need for a realistic approach, noting that evolving social conditions require the judiciary to assist parties seeking the dissolution of their marriage by mutual consent.
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The Bombay High Court has granted a divorce to a Pune-based couple, waiving the mandatory six-month cooling-off period. This decision was made by a single bench of Justice Gauri Godse, who highlighted the necessity for a realistic approach in rapidly evolving social conditions.
Justice Godse emphasized that the waiting period is a precautionary measure meant to avoid injustice and ensure there's no possibility of reconciliation. However, once the court is assured that the parties have made a conscious decision to separate and there is no chance of reconciliation, the waiting period can be waived.
The court's order, which was made available on Tuesday, noted that the judiciary must assist parties seeking divorce by mutual consent, considering the changing social dynamics. The young couple, who had been facing mental agony due to the pendency of their divorce petition, were granted the dissolution of their marriage.
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