Madras High Court: Mutual Divorce Mandatory Waiting Period Increase – Agony

The Madras High Court examined the mandatory waiting period for ‘mutual consent divorce’ under the Hindu Marriage Act. The dispute was over recent legislative amendments/instructions increasing the waiting or cooling-off period, possibly heightening the emotional and financial burden on spouses seeking divorce by mutual consent. The Court recognised that while the law (or amendment) aims to protect sanctity of marriage and prevent hasty decisions, it also creates increased agony for parties who have already reconciled and wish to separate. The judgment weighed the competing interests of social policy vs personal relief: protecting marriage against misuse vs preventing prolonged suffering. Ultimately, it held that any increase in waiting period must align with constitutional values of dignity, personal liberty, and not impose unreasonable hardship. The Court possibly called for balancing or reconsidering overly long waiting times pending further legislative review.