AHMEDABAD: Gujarat HC has paved the way for a couple’s divorce after their marriage broke down over conflicting desires about where to live — the husband preferred living in the UK, but the wife did not want to leave India.The HC quashed Ahmedabad’s family court order that had rejected a mutual-consent divorce petition as “premature”.The family court had also cited the absence of a waiver application to bypass the mandatory six-month “cooling-off” period under Section 13B (2) of the Hindu Marriage Act, 1955. The HC restored the divorce petition and directed the family court to decide the matter within six months.The couple married on Dec 9, 2023, but separated barely a month later, on Jan 17, 2024, when the man left for the UK for further studies. He informed her that he planned to settle permanently in the UK and asked her to join him. However, the woman was reluctant to leave India. She informed him she was settled in Ahmedabad and preferred to pursue her career in India only.After deciding to part ways, they filed a divorce petition under Section 13B of the Act on April 1, 2025, and stated that the discord between them arose from their desire to live in different countries. After the hearing, the bench of Justice Sangeeta Vishen and Justice Nisha Thakore said, “Perceptibly, there is no scope of reunion between the parties, for the parties are staying separately for more than one year as on the date of presenting the petition under Section 13B of the Act of 1955. Both the parties have mutually agreed to divorce; therefore, the six-month period as well as one year as provided in Section 13B (1) is almost over. Considering the stand taken by the respective parties, reunion is not possible. Not accepting the request of the parties, in the opinion of this court, will only prolong their agony. Both the parties are young and are desirous of pursuing their careers, as per their own wish.”
