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Delhi High Court, has waived off the cooling off period of a woman who wanted to get re-married to an NRI who was only in India for a limited period.
The Delhi High Court judge opined that the 1 year of seperation necessary before filing the first motion of divorce, plus the six months of the cooling off period is only present for reconciliation and in this present case, reconciliation seemed unlikely
The Family Court had rejected their argument and concluded that:
the statutory period of six months can be waived, only if the first motion itself has been filed after the expiry of 18 months from the date when the parties had started living separately.
Delhi High Court however concluded different from Family Court and said that: that a holistic reading of the whole judgement is to prevent purposeless marriages with no chance of reunion.
Click here to view judgement