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Bombay High Court

Prashant Harishchandran KadamversusState of Maharashtra

Decided
Disposal
Disposed Off

Holding

A waiver of the six‑month cooling‑off period may be granted when both parties mutually consent to divorce and there is no financial dispute; the lower court’s refusal on that ground is erroneous.

Summary

The petitioners, Prashant Harishchandran Kadam and another, filed a writ petition challenging the Family Court’s order that rejected their application for a waiver of the six‑month cooling‑off period in a mutual‑consent divorce. The trial judge had refused the waiver on the ground that the parties had not yet arrived at a financial settlement. The High Court observed that when both spouses seek divorce by mutual consent and there is no dispute over financial matters, the trial court should not refuse a waiver on that basis. Consequently, the High Court set aside the impugned order, remanded the matter to the Family Court, and directed that the six‑month period be waived. The petition was allowed and the matter was ordered to be decided on its merits as soon as possible.

Issues considered

  • Whether a Family Court can reject a petition for waiver of the six‑month cooling‑off period in a mutual‑consent divorce on the ground of an unsettled financial settlement when the parties have no dispute.

Subjects

  • mutual consent divorce
  • cooling‑off period
  • waiver
  • family court
  • divorce proceedings
  • Hindu Marriage Act

Judgment

                                                                           501-WP-11943-2026(C).doc


     Shubhada S Kadam


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION
                                       WRIT PETITION NO. 11943 OF 2026

                      Prashant Harishchandran Kadam and anr.           ...Petitioner/s
                      Versus
                      The State of Maharashtra                         ...Respondent/s
                      _________________________________________________________________

                      Mr. Mayur Salunke, Advocate for Petitioner No.1.
                      Mr. Xavier Fernando, Advocate for Petitioner No.2
                      _________________________________________________________________

                                                            CORAM      :   SHIVKUMAR DIGE, J.
                                                            DATE       :   7th SEPTEMBER, 2026.
                      P.C. :


                      1.         The challenge in this petition is to the impugned order dated

                      12th August 2026, passed below Exhibit 8 in Petition F/394/2026 by the

                      learned Judge, Family Court No.6, Pune, whereby the learned Judge

                      rejected the application for waiver of the cooling-off period for grant of

                      divorce by mutual consent.

                      2.         While passing the order, the learned Judge rejected the

                      application on the ground that certain financial settlements between the

                      parties had not been arrived at.

                      3.         In my view, if both parties seek divorce by mutual consent and

                      petitioner No. 2 is not raising any dispute with regard to the financial
         Digitally
         signed by
         SHUBHADA
SHUBHADA SHANKAR      settlement, the learned Judge ought not to have raised such an issue and
SHANKAR KADAM
KADAM    Date:
         2026.09.09
         11:13:05
         +0530        rejected the application on that ground.


                                                         Page 1 of 2
                                                                   501-WP-11943-2026(C).doc


Shubhada S Kadam


               4.         In view of the above, I pass following order:

                                                ORDER

                    a)   The petition is allowed.

                    b) The impugned order dated 12th August 2026 passed below

                         Exhibit-8 in Petition F/1394/2026 by the learned Judge, Family

                         Court No.6, Pune, is quashed and set aside.

                    c)   The matter is remanded back to the learned Judge for deciding

                         the application for divorce by mutual consent.

                    d) The period of six months is waived.

                    e) The learned Judge shall decide the said application on its own

                         merits as early as possible.

                          The petition is disposed of in above terms.



                                                              (SHIVKUMAR DIGE, J.)




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