Advocate Vivek Nasa

  Law on Irretrievable Breakdown of Marriage as Sufficient Ground for Divorce By Vivek Nasa Associates The Supreme Court has recently in judgement titled Amutha vs A.R. Subramanian 2024 INSC 1033 has ruled that an irretrievable breakdown of marriage is a valid ground for dissolution , stating that forcing couples to stay together serves no purpose. This landmark decision was issued while addressing a civil appeal filed by a wife against the Madras High Court, Madurai Bench, which had granted her husband a divorce decree on grounds of cruelty. The Case in a Nutshell: The case revolves around a couple who married in 2002. Following a brief period of cohabitation, they separated and remained estranged for over 15 years. The husband initiated divorce proceedings , citing the wife's alleged cruelty, primarily stemming from her filing of a false criminal complaint and her prolonged absence from the matrimonial home. The wife contested the allegations, denied any cruelty, and asserted her...

  Waiver of Cooling-Off Period for  Mutual Consent Divorce in India   By Vivek Nasa Associates The concept of  mutual consent divorce  was introduced in India to provide an amicable and less adversarial way for couples to end their marriage when they find it irreparable. Under Section 13B of the Hindu Marriage Act, 1955 , and similar provisions in other personal laws, couples can file for divorce by mutual consent  if they have been living separately for at least one year and agree that the marriage cannot be sustained. However, one of the most debated aspects of this provision is the mandatory “cooling-off period” of six months between the first and second motions for divorce . This raises the question: Can the cooling-off period for mutual consent divorce in India be waived off? Understanding the Cooling-Off Period The cooling-off period is a statutory requirement designed to give couples time to reconsider their decision to divorce . It acts as a safegua...