NCW President Rekha Sharma praised the Supreme Court’s decision to eliminate the six-month waiting time for divorce with mutual agreement under certain situations, saying it will allow women to go on and plan their future.
The Supreme Court ruled on Monday that it can dissolve marriages based on “irretrievable breakdown of marriage” under Article 142 of the Constitution. It also decided that the required six-month waiting time for divorce by mutual consent might be waived under certain situations. In response to the ruling, the head of the National Commission for Women (NCW) stated that the decision will allow women to advance in life.
Speaking with PTI, NCW Chief stated: “I welcome the decision. If done with mutual consent, it will give a chance to women to move ahead in their lives and plan their future.”
Will give women chance to move on in life: NCW on Supreme Court doing away with 6-month waiting period for divorce through mutual consent under some conditions
— Press Trust of India (@PTI_News) May 1, 2023
A couple asking for divorce is granted a six-month “cooling off” period in order to salvage their marriage. After six months, the couple may opt to reconcile or divorce.
However, the Supreme Court has stated that the six-month period may be waived if certain requirements and conditions are met.
“The time gap is meant to enable the parties to cogitate, analyse and take a deliberated decision. The object of the cooling-off period is not to stretch the already disintegrated marriage, or to prolong the agony and misery of the parties when there are no chances of the marriage working out. Therefore, once every effort has been made to salvage the marriage and there remains no possibility of reunion and cohabitation, the court is not powerless in enabling the parties to avail a better option, which is to grant the divorce. The waiver is not to be given on mere asking, but on the court being satisfied beyond doubt that the marriage has shattered beyond repair,” the court stated.
(With Inputs From Agencies)