The Bombay High Court on Wednesday granted relief to Indian cricketer Yuzvendra Chahal and his estranged wife, Dhanashree Verma, by waiving the mandatory 6-month cooling-off period required under Section 13B(2) of the Hindu Marriage Act for a mutual divorce.
Single-judge Justice Madhav Jamdar passed the order and directed the family court to decide on the divorce petition by March 21, considering Chahal’s professional commitments in the upcoming Indian Premier League (IPL).
Background & Legal Aspects
Chahal and Verma, who got married in December 2020, have been living separately since June 2022. The couple filed for divorce on February 5, 2024, citing mutual consent and sought an exemption from the cooling-off period.
However, the family court had rejected their plea on February 20, citing partial compliance with the agreed financial settlement between the two parties.
Under Section 13B(2) of the Hindu Marriage Act, couples seeking a mutual divorce must wait 6 months after filing their petition before the court can grant the decree. This period allows time for possible reconciliation. However, in a 2017 ruling, the Supreme Court held that this waiting period could be waived if there was no chance of the couple reconciling.
Family Court’s Initial Rejection
The family court denied the request for a waiver, stating that Chahal had not fully complied with the financial terms agreed upon during mediation. As per the consent terms, Chahal was required to pay ₹4.75 crore as alimony, out of which ₹2.37 crore had been paid. The family court also cited a marriage counselor’s report, which noted only partial compliance with the mediation process.
Bombay HC’s Ruling
After reviewing the matter, the Bombay High Court overruled the family court’s decision. The bench observed that the consent terms specified the payment of the remaining alimony amount after the divorce decree was granted. Therefore, the court ruled that there was no violation of the agreement and allowed the waiver.
Considering Chahal’s professional commitments in the IPL, the High Court directed the family court to finalize the divorce by March 21, enabling both parties to move forward independently.
Implications Of Ruling
This ruling reinforces the legal precedent that the cooling-off period can be waived in cases where reconciliation is not possible. Legal experts note that the decision aligns with the Supreme Court’s stance that unnecessary delays should be avoided in mutual divorce cases when both parties have reached an agreement.
The decision also highlights the significance of mediation in divorce proceedings and the role of financial settlements in ensuring a smooth legal process.
With court’s approval, the couple is now set to officially part ways, marking the end of their nearly four-year-long marriage.
Read More: Supreme Court, Delhi High Court, States High Court, International
