The Supreme Court on Thursday emphasised that in the Indian legal system, divorce proceedings are spaced out before a decree of quashing the marriage or ordering mediation etc is passed.
A Bench of Justices Sanjay Kishan Kaul and AS Oka said that courts in India cannot adopt a western approach where petitions for divorce are allowed in a very quick span of time.
“We do not have the Western system here where you file divorce one day and get it approved the next. Here I feel that both parties need to give it a try, we cannot import western philosophy,” Justice Kaul remarked.
The Court observed so while ordering private mediation proceedings for a couple whose transfer petition was before it.
This was after noting that the 40-day period of the married couple staying together was too short for it to quash the marriage using its plenary powers under Article 142.
The Bench was hearing a transfer petition filed by the wife, where she sought another chance at saving the marriage even as the husband sought quashing of the same citing a breakdown in relations within 40 days of living together post the wedding.
Both appeared in person before the top court today, with the husband appearing virtually.
The wife contended that there was no animosity post their separation, while the husband made allegations of her being lured with his money and pointed to earlier mediation efforts having failed.
The Court noted in its order that the only option before it was to wait for the parties to make one last sincere effort at reconciliation, since the wife had left her job in Canada for the marriage’s sake.
Initially, Justice Kaul indicated that he was willing to quash the marriage, orally observing,
“Why force two young people who have their life ahead of them to something that is not working out?”