Shivkarthik G.S & M. Swetha Pierce v. Nil
Court: Madras High Court
Case Number: CRP No.4013 of 2025
Judgment Date: 04 September 2025
Judge: Justice P.B. Balaji
Family Courts Can Waive Mandatory Waiting Period To File Mutual Divorce Petition U/S.10A Indian Divorce Act: Madras High Court
🔹 Case Analysis
- Husband (Shivkarthik) and wife (Swetha Pierce) faced irreconcilable differences in marriage.
- They separated on 01.01.2025.
- Soon after (April 2025), they filed a mutual consent divorce petition under Section 10A of the Indian Divorce Act, 1869 in Family Court, Coimbatore.
- Problem: Law says → Couple must live separately for at least 1 year before filing mutual divorce.
- Since they filed only after 3 months, the Family Court refused to accept their petition.
🔹 Court Journey
1. Family Court (April & July 2025)
- Family Court returned the petition saying: 1 year separation not completed.
- Later, in July 2025, Court again confirmed that mandatory waiting period cannot be waived.
2. Petitioners’ Argument before High Court
- Lawyer Mr. G.R. Deepak argued:
- Kerala High Court case (Anup Disalva v. UOI, 2022) → struck down mandatory waiting period as unconstitutional.
- Supreme Court case (Shilpa Sailesh v. Varun Sreenivasan, 2023) → Courts can waive cooling period in divorce cases if marriage is broken beyond repair.
- Both husband & wife agree, no children involved, no fraud/collusion → forcing them to wait 1 year = cruel and unnecessary.
🔹 Supreme Court’s (actually Madras HC’s) Analysis
- On the Waiting Period:
- Kerala HC already held → 1 or 2 year waiting is personal preference; it violates fundamental rights.
- Though not binding, it has strong persuasive value.
- SC in Shilpa Sailesh & Amardeep Singh said → Courts can waive cooling period if no useful purpose is served.
- On Family Court’s Error:
- Family Court acted rigidly, saying “law is mandatory.”
- But higher courts clarified → waiting period is not absolute, courts can relax it.
- On Facts of this Case:
- Both spouses filed affidavits confirming their decision is voluntary.
- No children, no outside pressure, marriage is irretrievably broken.
- Forcing them to wait will only cause more agony.
🔹 Final Judgment
- Madras HC set aside Family Court’s order.
- Directed Family Court, Coimbatore to accept and number the divorce petition.
- Ordered: Petition should not be rejected only because 1 year separation not completed.
- Civil Revision Petition allowed (no costs).
🔹 Key Takeaway
- Mandatory 1-year waiting period under Section 10A is not absolute – Court can waive it if circumstances demand.
- When both parties willingly want divorce, no children are involved, and marriage has fully broken down → Court should not force artificial delays.
- This case strengthens the principle of individual freedom and quick justice in mutual divorces.
