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 on Wednesday granted Indian cricketer Yuzvendra Chahal and his estranged wife, Dhanashree Verma, an exemption from the mandatory six-month cooling-off period under Section 13B of the Hindu Marriage Act, allowing their divorce to proceed without delay.

Justice Madhav Jamdar, presiding as a single-judge bench, also directed the family court to expedite its decision on their divorce petition by the next day, considering Chahal’s upcoming commitments in the Indian Premier League (IPL).

"As petitioner 1 (Chahal) is a participant in the IPL, learned counsel informs that he may not be available from March 21. The learned judge of the family court is requested to decide the petition by tomorrow," the court stated.

Chahal, who plays as a spinner for Kings XI Punjab, is set to join his team ahead of the league’s commencement on March 22.

The High Court’s decision took into account that Chahal and Verma had been living separately for over two and a half years and had adhered to the consent terms finalized during mediation, including alimony settlement.

Under Section 13B(2) of the Hindu Marriage Act, a family court can consider a mutual divorce petition only after six months of its filing, allowing time for potential reconciliation. However, a 2017 Supreme Court ruling established that this period could be waived if there was no possibility of settlement.

Chahal and Verma, who married in December 2020 and separated in June 2022, filed a joint divorce petition on February 5, 2024, along with a plea to waive the cooling-off period.

On February 20, the family court rejected their request, citing only partial compliance with the consent terms, particularly Chahal’s payment of ₹2.37 crore out of the ₹4.75 crore alimony agreed upon. Additionally, a marriage counselor’s report noted incomplete adherence to mediation directives.

Following this, the couple approached the High Court, which ruled in their favor, clarifying that the consent terms had been met, as the remaining alimony was due only after the divorce decree.

"The facts and circumstances of the case present no impediment in granting the applications... Accordingly, the impugned order dated February 20 is quashed and set aside, and the writ is allowed," the court held, allowing their plea.

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