Jaipur, Nov 12 : The Rajasthan High Court in a significant decision has said that ‘if a husband and wife seek divorce with mutual consent, six month separation period will not be valid’.Jaipur, Nov 12, : , The Rajasthan High Court has ruled that six-month separation periods will be invalid if the husband or wife are seeking divorce by mutual consent. The court was hearing a case on Thursday from Pratapgarh in which the Udaipur Family Court had fixed a six months separation period for divorce and had rejected application for instant divorce.On Thursday, the court heard a case from Pratapgarh.
The Udaipur Family Court had set a period of six months for divorcing and rejected an application for immediate divorce.The High Court in its order clearly said in the case that it was not appropriate to give six months’ time to the couple seeking divorce mutually.
In its decision, the High Court stated that the court did not consider it appropriate to allow six months to the couples seeking to divorce.
In this case, an applicant Monika Sharma, a resident of Dhariyavad had filed a petition in the High Court stating that she is living separately from her husband, Rahul Sharma, resident of udaipur, since 2019.
Monika Sharma (a Dhariyavad resident) filed a petition to the High Court stating she was living apart from Rahul Sharma, a Udaipur resident, since 2019.
Both of them had applied for divorce in the family court of Udaipur with mutual consent, but were given six months’ separation time.
They had both applied to divorce at the Udaipur family court with mutual consent.However, they were granted six months of separation.
“Both of us have been living separately since 2019.”Both of our lives have been separated since 2019 The appeal for hand-to-hand divorce was rejected by the family court,” said Monica in her application while her counsel told the court that the Supreme Court had earlier removed the requirement of six months’ separation in a case.”Both of us have been living separately since 2019,” Monica stated in her appeal.Her counsel informed the court that hand-to-hand divorcing was not possible.
After hearing the arguments of both the sides, Justice Dinesh Mehta said that this court ends the statutory period of separation for six months.Justice Dinesh Mehta, after hearing both sides’ arguments, stated that the court would end the six-month statutory separation period.
Also, it ordered the Family Court that it can issue a decree of divorce in the case following the complete statutory decor.It also ordered that the Family Court can issue a divorce decree in this case after observing the entire statutory decor #divorce #apply
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