PUNE: A family court in the city has granted divorce by mutual consent to a couple within 33 days of their filing a divorce petition by allowing waiver of the six-month waiting period as required in such matters.“The judgment holds significance for several estranged young couples who find themselves affected by prolonged litigation and stalled career moves owing to the six-month waiting period,” lawyer Pipli Datta, who represented the couple, told TOI.In the instant case, the couple has been living separately since January 1, 2015. The woman, who works with a medico-IT multi-national company in Pune, has applied for a permanent residency in Canada and is required to leave for Canada soon while her husband, an IT firm employee, has moved to his native place in Jalandhar. The couple approached the court through Datta, seeking a waiver of the six-month cooling period on the grounds that they were meeting all the key criteria set by the Supreme Court (SC) for the grant of such waiver before first hearing of their petition.Section 13-B (2) of the Hindu Marriage Act provides for a six month waiting period in addition to a one-year separation for a couple to secure divorce by mutual consent.The SC, in a judgment on September 12, 2017, held the period provided in Section 13-B (2) is not mandatory but directory and it will be open to the court to exercise its discretion in the facts and circumstances of each case where there is no possibility of the parties resuming cohabitation and there are chances of alternative rehabilitation. The SC also said that the court can use the medium of video conferencing or permit genuine representation of the parties through their close relatives where the parties are unable to appear in person for just and valid reason.Datta said, “We brought to the family court’s notice that the couple is living separately since 2015. All efforts for mediation and reconciliation have failed. There is no pending dispute between them, no joint property or assets for division, and no child from the marriage entailing custody, access, alimony or maintenance issues.”“We further pointed out that the wife has to deposit her passport to the Immigration, Refugees, Citizenship Canada (IRCC) authorities for a one-year term on reaching that country. Appearing through video conferencing for a second hearing seemed difficult as a copy of the passport and other documents are required to be attested by the Indian embassy in Canada for such appearance. This could lead to prolonged agony to the couple,” said Datta. Considering all these factors, the family court allowed the couple’s joint petition for waiver and divorce by mutual consent.

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