Pune: In a significant ruling, the High Court has dissolved the marriage of a couple who had been living separately despite no possibility of reconciliation.
The court recognized the mental anguish caused by the mandatory six-month counseling period, which had left the couple's divorce case pending, and ruled in favor of the couple's plea for immediate dissolution of their marriage.
Asmita and Rajeshwar (names changed), who were married in July 2021, began facing marital disputes within a year. After separating in October 2022, the couple mutually decided to divorce, with Rajeshwar agreeing to pay ₹10 lakh in permanent alimony.
They filed for divorce in June 2023 and requested the waiver of the six-month counseling period required by law.
However, the family court rejected their application, prompting the couple to approach the High Court. Justice Gauri Godse, acknowledging the couple’s conscious decision to separate and the lack of any possibility of reconciliation, directed the family court to approve the divorce, emphasizing the need for a realistic approach in such cases.
"When a newly married couple is unable to stay together, it becomes a source of mental agony," observed the High Court.
"Once it is clear that there is no hope for reconciliation, the court must exercise discretion and relieve the couple from the stress of a pending divorce process."
The court's ruling has highlighted the importance of considering the mental well-being of couples in the judicial process, particularly when reconciliation is not an option.
