Supreme Court waives six months wait for divorce under Hindu Marriage Act

Agencies
September 13, 2017

New Delhi, Sept 13: The Supreme Court on Tuesday held that the minimum cooling period of six months for granting the decree of divorce under the Hindu law can be waived by a trial court if there was no possibility of cohabitation between an estranged couple.

The 1955 Hindu Marriage Act provides for a statutory cooling period of six months between the first and the last motion for seeking divorce by mutual consent to explore the possibility of settlement and cohabitation.

"We are of the view that the period mentioned in section 13B(2) is not mandatory but directory; it will be open to the court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation," a bench comprising Justices A K Goel and U U Lalit said.

The apex court said the minimum period of six months can be relaxed by the trial court in certain situations and the estranged couple, who are seeking divorce with mutual consent, can file waiver application after a week of filing the first motion.

The top court also said that in conducting such proceedings, the trial court "can also use the medium of video conferencing and permit genuine representation of the parties through close relations, such as parents or siblings, where the parties are unable to appear in person for any just and valid reason as may satisfy the court, to advance the interest of justice".

The court noted in its verdict that the object of the cooling off period was to safeguard against a "hurried decision" if there was otherwise a possibility of differences being reconciled.

"Though every effort has to be made to save a marriage, if there are no chances of reunion and there are chances of fresh rehabilitation, the court should not be powerless in enabling the parties to have a better option," it said.

"In determining the question whether the provision is mandatory or directory, language alone is not always decisive. The court has to have the regard to the context, the subject matter and the object of the provision," it said.

The bench was dealing with a plea filed by an estranged couple which had sought waiver of the six month period on the ground that they have been living separately for the past eight years and there was no possibility of their re-union.

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News Network
February 1,2026

Bengaluru, Feb 1: For travelers landing at Kempegowda International Airport (KIA), the sleek, wood-paneled curves of Terminal 2 promise a world-class welcome. But the famed “Garden City” charm quickly withers at the curb. As India’s aviation sector swells to record numbers—handling over 43 million passengers in Bengaluru alone this past year—the “last mile” has turned into a marathon of frustration.

The Bengaluru Logjam: Rules vs Reality

While the city awaits the 2027 completion of the Namma Metro Blue Line, the interim has been chaotic. Recent “decongestion” rules at Terminal 1 have pushed app-based cab pickups to distant parking zones, forcing weary passengers into a 20-minute walk with luggage.

“I landed after ten months away and felt like a stranger in my own city,” says Ruchitha Jain, a Koramangala resident. “My driver couldn’t find me, staff couldn’t guide me, and the so-called ‘Premium’ lane is just a fancy tax on convenience.”

•    The Cost of Distance: A 40-km cab ride can now easily cross ₹1,500, driven by demand pricing and airport surcharges.

•    The Bus Gap: While Vayu Vajra remains a lifeline, its ₹300–₹400 fare is often cited as the most expensive airport bus service in the country.

A National Pattern of Disconnect

The struggle is not unique to Karnataka. From Chennai’s coast to Hyderabad’s plateau, India’s airports tell a familiar story: brilliant runways, broken exits.

City:    Primary Issue   |    Recent Development

Bengaluru:    Cab pickup restrictions & distance  |    App-based taxis shifted to far parking zones; long walks and fare spikes reported

Chennai:    Multi-Level Parking (MLCP) hike  |    Passengers report 40-minute walks to reach cab pickup points

Hyderabad:    “Taxi mafia” & touting  |    Over 440 touting cases reported; security presence intensified

Mumbai:    Fare scams  |     Tourists charged ₹18,000 for just 400 metres, triggering police action

In Hyderabad, travelers continue to battle entrenched local groups that intimidate Uber and Ola drivers, pushing passengers toward overpriced private taxis. Chennai flyers, meanwhile, complain that reaching the designated pickup zones now takes longer than short-haul flights from cities like Coimbatore.

The ‘Budget Day’ Hope

As Finance Minister Nirmala Sitharaman presents the Union Budget 2026 today, the aviation sector is watching closely. With the government’s renewed emphasis on multimodal integration, there is cautious hope for funding toward seamless airport-metro-bus hubs.

The vision is clear: a future where planes, trains, and metros speak the same language. Until then, passengers at KIA—and airports across India—will continue to discover that the hardest part of flying isn’t the thousands of kilometres in the air, but the last few on the ground.

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