Mr. Rahul Jagannathan, learned counsel, appeared on behalf of the petitioner-husband

Key Arguments Advanced by the Petitioner:

• Withdrawal of Prior Litigation Pursuant to Settlement: It was submitted that the parties had voluntarily withdrawn a pre-existing contested divorce petition. This step was taken after successfully executing a comprehensive settlement agreement to resolve all matrimonial disputes.
• Compliance with Settlement Terms: Counsel emphasized that both parties had acted in good faith and fully complied with all the reciprocal terms and conditions laid down in the settlement agreement, leaving no outstanding claims.
• Waiver of the Statutory Waiting Period: It was forcefully argued that since the parties had mutually and irrevocably decided to dissolve the marriage, insisting on the statutory six-month cooling-off period would be unwarranted and cause unnecessary hardship.

Court’s Observation & Order:

Taking note of the submissions and the fact that the parties had been living separately with no possibility of reconciliation, the Court accepted the plea to waive the waiting period, observing that forcing the parties to wait would only prolong their agony. Consequently, the marriage was declared dissolved by a decree of mutual consent.

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