The issue - whether courts are empowered to waive the minimum six-month waiting period stipulated by section 13B (2) of the HM Act - was referred to the HC by the principal judge of the Nagpur family court. A Nagpur couple, which filed a divorce petition in September 2007, had moved an application to condone the six-month wait. The matter was referred to the HC as there were two contrary judgments by two judges. While one held that the six-month period was necessary, the other waived it stating, “A broken iron can be joined but not broken hearts.”

Noting that the legislature had not provided any power to relax the waiting period, the HC held on Thursday, “It would not only be unjust but would be impermissible on accepted norms of statutory interpretation that this period of six months is treated as optional, condonable or could be waived at the request of the parties.”

The court held, “No prejudice can be caused to parties by merely waiting for a short period of six months before they take a vital and pertinent decision in regard to their marriage which is a social sacrament coupled with civil rights and obligations and which was entered into willingly and happily.”

Source: DNA daily News & Analysis