Yuzvendra Chahal will give Dhanashree Rs 4.75 crore, approval given to remove Cooling-Off Period, know what is this 6-month period in Mutual Divorce?

The 6-month cooling-off period in Mutual Divorce is not just a formality, but it is a legal measure to prevent hasty decisions. However, if both the parties are in complete agreement and the court feels that there is no possibility of reconciliation, then it can also be removed.

Indian cricketer Yuzvendra Chahal and Dhanashree Verma have parted ways. They got divorced on Thursday. The Bombay High Court had earlier approved the petition of both of them, in which they had demanded the removal of the 6-month cooling-off period.

Chahal had to participate in IPL 2025, so he had requested the court to complete the divorce process soon. The High Court accepted his plea and directed the Family Court to approve the divorce as soon as possible. But this matter is not just limited to the divorce of a cricketer, but it is related to an important legal issue - what is this 6-month Cooling-Off Period and how easy or difficult is it to remove it?

Why is there a 6-month cooling-off period in mutual divorce?

In India, when a couple wants to get a mutual divorce, they have to file a divorce petition under Section 13B of the Hindu Marriage Act, 1955. But under Section 13B(2), the court mandatorily imposes a 6-month cooling-off period before granting the divorce.

What is the purpose of Cooling-Off Period?

1. Avoiding hasty divorce- Sometimes in anger and emotional turmoil, the husband and wife decide to divorce. This 6-month time gives them a chance to think and reconsider their decision.

 2. Possibility of reconciliation - During this period, if both parties wish, they can resolve their differences and come together again.

3. Impact on children and family - If the couple has children, then they also get a chance during this time to consider what impact the divorce will have on them.

4. Avoid sudden financial decisions- Sometimes in an emotional state a person can take wrong financial decisions, such as asking for more or less alimony, wrong division of property, etc.

Is a 6-month cooling-off period necessary in every case?

No. The Supreme Court gave a landmark judgement in 2017, stating that if there is no possibility of reconciliation in the relationship between the husband and wife, then the court can waive this cooling-off period.

What are the conditions that must be fulfilled to remove the Cooling-Off Period?

Both husband and wife should be living separately for at least 1 year.

Both of them have taken a firm decision to get divorced with mutual consent.

All financial and legal issues, such as alimony, property division, custody of children, etc., should already be settled.

If the court feels that the relationship has completely ended and there is no scope for reconciliation.

What is the process to get the Cooling-Off Period removed?

If a couple does not want to wait for 6 months, they will have to file an application in the Family Court. In this application, it has to be proved that:

Both parties are completely in agreement with the divorce.

All legal and financial issues have been agreed upon.

Both have been living separately for a long time and there is no possibility of reconciliation left.

Does the court waive the cooling-off period in every case?

No! The court looks at each case differently. If it feels that the case is urgent or there is a possibility of reconciliation, it will not refuse to give 6 months time.

Why was the case of Yuzvendra Chahal and Dhanashree Verma different?

Both were living separately for about 2.5 years.

Both were in complete agreement regarding the divorce.

Agreement had been reached on alimony and other financial issues.

Chahal had to participate in the IPL, due to which he would not get time for court proceedings.

Considering all these facts, the court decided that there would be no harm in removing the Cooling-Off Period.

The 6-month cooling-off period in Mutual Divorce is not just a formality, but it is a legal measure to prevent hasty decisions. However, if both the parties are in complete agreement and the court feels that there is no possibility of reconciliation, then it can also be removed.

News is originally taken from: https://bit.ly/4iIOKnE

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