MUMBAI: A couple, both jetsetting professionals in their 40s, recently got a divorce via mutual consent without placing a foot in the family court in Bandra. They were not in India when they filed for divorce, and when it was granted, the man was stranded in Bali on a tourist visa and the wife in Dubai, where she works.
The wedding had taken place under the Special Marriage Act in 2002 in the city. Three years ago, they began living separately, citing irreconcilable differences. During the lockdown, like many other couples, they decided to get moving on the dissolution of their marital ties. The husband had been abroad on a 2-month tourist visa, which was extended to over 10 months due to the unprecedented contingency.
Family court waives 6-month cooling off period for couple
The Indian consulate at first rejected the husband’s application to attest his documents, but later, after several escalations, it played a role in even aiding the virtual dissolution. The authorities in Bali made an exception and allowed him to attest his divorce petition and power of attorney documents to enable their lawyer, who is in the city, to file the petition last December. Last month, the couple underwent virtual counselling and appeared before the court via video-conferencing to confirm their consent.
Their lawyer, Pipli Datta, even sought and got them a waiver of the six-month cooling off period after their joint petition was filed. She said they complied with the criteria laid down by the SC, which family court judge P L Palsingankar could apply to the facts of the case.
The couple said since they have been separated for over two years and seven months, the waiting period of six months in cases of mutual consent divorce petitions would “only prolong their agony”. Datta said the consulate may not be able to attest the husband’s documents once again for the final hearing six months later and, citing the new strain of the virus now spreading, she had said that unless the cooling off period was waived the case would be left hanging with no prospects of reconciliation.