Divorce from an autism partner

Dear querist,

Cooling period can be waived. As in your case there is no possibility of cohabitation.

The Supreme Court in their judgments held that the minimum cooling period of six months for granting the decree of divorce under the Hindu law can be waived by a trial court if there was no possibility of cohabitation between an estranged couple.

The 1955 Hindu Marriage Act provides for a statutory cooling period of six months between the first and the last motion for seeking divorce by mutual consent to explore the possibility of settlement and cohabitation.

The apex court said the minimum period of six months can be relaxed by the trial court in certain situations and the estranged couple, who are seeking divorce with mutual consent, can file waiver application after a week of filing the first motion.

The court noted in its verdict that the object of the cooling off period was to safeguard against a “hurried decision” if there was otherwise a possibility of differences being reconciled.

“Though every effort has to be made to save a marriage, if there are no chances of reunion and there are chances of fresh rehabilitation, the court should not be powerless in enabling the parties to have a better option,” it said..

The court also examined certain cases where this cooling period was waived because the court felt that the marriage has broken down irretrievably and the waiting period will only cause mental agony to the parties.

The waiver application can be filed one week after the first motion giving reasons for the prayer for waiver. If the above conditions are satisfied, the waiver of the waiting period for the second motion will be at the discretion of the concerned Court. The Court can also use the medium of video conferencing and also permit genuine representation of the parties through close relations such as parents or siblings where the parties are unable to appear in person for any just and valid reason as may satisfy the Court, to advance the interest of justice.

Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

for free legal consultancy contact me at nine eight eight eight four six five six nine six

Dear Sir, I'm aware that cooling period of 6 months can be waived off. But as per Indian laws they say that proof of 1 year separation is mandatory. After this they deliberate if cooling period of additional 6 months are required or not. In my case just 3 months have passed.Is there any way that mandatory proof of 1 year separation can be waived off? Everyone says that without proof of 1 year separation courts don't even care to read the petition.Thanks.

As per marriage act a period of 1 year from the date of marriage is mandatory except under exceptional circumstances. Here it is just 3 months from date of marriage.Can autism/aspergers be taken as an exceptional circumstance? What proofs may be required to prove autism?

Shri Shiv

Dear Questioner

I agree with you.

It's certainly an interference of the lawmakers ( government, in your words ) but not of the lawgivers ( judges of court of record )

There's been power failure here.    I've had to post my above comment abruptly.

I think cooling period is applicable to mutual consent divorce cases which, of late, has wisely been waived off by the Supreme Court.

Waiting period is, I think, is for contested divorce cases.

I've never heard of autism certificate from a doctor or from anybody.

I often see Experts using this platform for promoting their business that should be advocated against.

An advice to contract an Advocate is, no doubt, legitimate but is not, I think, to be resorted to so frequently.

After seeing the posts of the Experts, it's the choice of the Questioner to, or not to, see an Advocate.

TGK reddi sir, I understand there is a process by which marriage can be declared null and void in case of mental illness. However what is not clear is the process. How do i prove autism in court? Circumstantial evidence? Doctor proofs? Do I need to prove autism/aspergers causes unviable marriage? These procedures seem cumbersome.A better alternative would have been to allow non consummated marriages of short span to divorce. Such marriages never recover and 1yr mandate is unnecessary delay. The truth in short marriages are problems which are more grave and irreconcilable. These can hardly be spoken in courts. I hope one day court and govt will accept this truth. 1 year mandate can be reduced to some months. The idea behind posting in this forum is to have a discussion rather than a one to one meeting. I Hope the experts here participate in that.

When a neurotypical woman is married to a man who has the behaviors associated with autism spectrum (ASD), several things typically occur. Over the course of her marriage, she experiences herself as gradually disappearing.