Speeding up the divorce process

When two people are married through a Hindu marriage, they can file for divorce together, if both of them agree that the marriage should come to an end. This is called divorce by mutual consent. In cases of divorce by mutual consent, the Hindu Marriage Act states that the court can pass an order of divorce only 6 months after the married couple has filed for divorce.

In a recent order, the Punjab and Haryana High Court said that the waiting period of 6 months is not compulsory. The Court set aside the 6-month period and said that divorce proceedings can be taken further immediately.

How can you get a divorce under Hindu law?

Marriages among Hindus are governed by the Hindu Marriage Act, 1955. The Act provides two main options for divorce:

1. a) Any Hindu marriage can be ended through divorce if either the husband or the wife decides to file a petition for divorce. In this case, the person who is filing for divorce has to give a solid reason for asking for the divorce. You can ask for a divorce if your spouse has voluntarily had sexual intercourse with another person, if your spouse has treated you with cruelty, if your spouse converts to another religion etc.
2. b) Another option for getting a divorce is to file for divorce by mutual consent. In this case, a divorce petition has to be filed by both the people who are married. The married couple has to file for divorce together before the District Court. The married couple has to file for divorce based on the reason that:
3. i) they have been living separately for at least one year;
4. ii) they have not been able to live together; and

iii) they have mutually (commonly) agreed that the marriage should be terminated.

When two people file for divorce by mutual consent, the Court will hear the parties and make an inquiry (if it thinks that the inquiry is necessary). After this, the Court can pass a divorce order declaring that the marriage has come to an end. The Act states that this divorce order can be made between 6 and 18 months after the couple has filed for divorce.

The High Court order

In its order, the High Court referred to the case of Amardeep Singh v. Harveen Kaur, where the Supreme Court said that in cases of divorce by mutual consent, the waiting period of 6 months is not mandatory. So, it will be open to the Court to set aside the waiting period of 6 months based on the facts and circumstances of each case. The Court can consider setting aside the waiting period if:

(i) a period of six months, in addition to the period of one year of separation, is already over before the married couple files for divorce;

(ii) all efforts to re-unite the couple have failed, and there is no chance of changing this by making further efforts;

(iii) the parties to the marriage have genuinely settled their differences, including alimony, child custody or other pending issues;

(iv) the waiting period will only extend the suffering of the married couple.