In a significant decision, Rajasthan High Court noted that ‘if a husband and wife seek divorce with mutual consent, six month separation period will not be valid’.
The High Court bench was hearing a divorce petition from Pratapgarh wherein the Udaipur family court had rejected the instant divorce request of the couple who was seeking divorce with mutual consent. The family court had also fixed a six months separation period for the divorce.
The applicant Monika Sharma, a resident of Dhariyavad had moved the Rajasthan High Court submitting that she has been living separately from her husband Rahul Sharma since 2019.
Both of them have applied for the dissolution of their marriage with mutual consent but were given a six months separation time. “Both of us have been living separately since 2019. The appeal for hand-to-hand divorce was rejected by the family court,” said Monica.
Hearing all the submissions, Justice Dinesh Mehta stated that it ends the statutory period of separation of six months. The High Court bench also ordered the Family Court that it can issue a decree of divorce in the case following the complete statutory decor.