Bombay HC Waives Cooling-Off Period for Chahal & Dhanashree’s Divorce

Bombay HC Waives Cooling-Off Period for Chahal & Dhanashree’s Divorce

The Bombay High Court has waived the mandatory six-month cooling-off period under Section 13B(2) of the Hindu Marriage Act for Indian cricketer Yuzvendra Chahal and Dhanashree Verma’s mutual divorce.

The Court observed that the couple had been living separately for over two and a half years and had already fulfilled their agreed alimony obligations, removing any legal barriers to granting the waiver.

Chahal and Verma, who tied the knot in December 2020, separated in June 2022. They jointly filed for divorce on February 5, 2024, before the family court, seeking dissolution by mutual consent along with an exemption from the statutory cooling-off period. However, the family court rejected their request on February 20, citing partial compliance with the consent terms. The court noted that while Chahal had committed to paying ₹4.75 crore as permanent alimony, only ₹2.37 crore had been paid at that stage. Furthermore, the marriage counselor’s report indicated that mediation efforts were still incomplete. Dissatisfied with this decision, the couple approached Bombay High Court for urgent relief.

Before the High Court, the petitioners contended that the cooling-off period was unnecessary given their extended separation and the lack of any possibility of reconciliation. They argued that their consent terms explicitly permitted staggered alimony payments, with the remaining amount to be paid after the divorce decree. Citing the Supreme Court’s ruling in Amardeep Singh v. Harveen Kaur (2017), they asserted that the waiting period could be waived when there was no prospect of settlement.

The Bombay High Court found that the couple had adhered to the agreed terms, emphasizing that the second installment of alimony was explicitly tied to the divorce decree. It rejected the family court’s reasoning that partial compliance justified denial, underscoring that staggered payments were part of the original agreement.

Relying on Amardeep Singh, the Court reiterated that the six-month period under Section 13B(2) is discretionary rather than mandatory when reconciliation is deemed impossible. It ruled, “Thus, it is clear that there is no impediment in the facts and circumstances of the case in granting the applications… Accordingly, the impugned order dated 20th February is quashed and set aside.”

Granting the writ petition, the High Court overturned the family court’s order and directed the immediate issuance of the divorce decree without the statutory waiting period.

Additionally, it instructed the family court to expedite the matter, considering Chahal’s upcoming commitments for the Indian Premier League (IPL).

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