What Is The Significance Of Cooling Period For Divorce In India ?
As Per The Hindu Law, Marriage Is A Sacrament. However, With Codification Of Law On The Matter Of Hindu Marriages, Dissolution Of Marriage Was Accepted In Cases Where Certain Offences Were Committed In The Marriage Such As Cruelty, Adultery, Desertion,Etc. Until 1976, Parties Were Not Able To Apply For Divorce, In Case One Of These Offences Were Not Committed In The Relationship. The Hindu Marriage Act, 1955 Was Amended In 1976 To Add The Provision Of Divorce By Mutual Consent Under Section 13b. As Per The Provision Of The Act, It Was Conditioned That The Parties Live Separately For A Period Of One Year Before The Petition For Divorce Is Filed, After Which A Cooling Off Period Of Six Months Shall Be Given To Parties To Sort Out Their Issues, Failing Which A Divorce Decree Will Be Issued By The Court. The Courts Generally Function On The Assumption That All Differences Can Be Resolved, Even In Case The Parties Are Not In The Favour Of Resolving Their Issues. As The Part...