Commenced on 18th May 1955, the Hindu Marriage Act states that marriage is a holy sacrament and undoubtedly approved by the heavenly powers. Divorce with mutual consent was introduced in the Hindu Marriage Act 1976 under which a ‘cooling off’ period was given to the couples at the stage of divorce.In the recent judgement the Supreme court judges ruled out the ‘cooling off’ period.
Stated under section 13B of the Hindu Marriage Act 1976, ‘Cooling off’ is a six month waiting period given to Hindu couples for reconciliation regarding their decision to divorce.The logic behind this waiting period was to give enough thinking time to couples so that hasty decisions are sidelined.
The Supreme court has ruled out the ‘cooling off’ period and stated that the waiting period increases depression among couples. “The waiting period only prolongs the agony,” a bench of justices A.K Goel and U.U Lalit observed in their statement. The court added that it the ruling shall be applicable to the partners where all the efforts and conciliation have been made without any favorable result.