Bivin John v. Minnu Joseph
Case brief
What is this about?
The High Court of Kerala, hearing connected marital disputes, addressed the applicability of the Supreme Court's ruling in Amardeep Singh to mutual consent divorces under the Divorce Act. It held that the six-month cooling-off period is directory, not mandatory, and granted a divorce upon waiver due to settlement and separation.
What did the court decide?
The request to dispense with the six-month waiting period was allowed, and a decree of divorce by mutual consent under Section 10A of the Divorce Act was granted.