Mumbai: Couple get divorce on 'mutual consent' without stepping into court

This picture has been used for representational purpose

A Mumbai-based couple recently got separated via mutual consent without stepping into the Bandra family court. According to a report in the Times of India, the couple was not in India when they filed for divorce. When the divorce was granted by the family court, the husband was stranded in Bali on a tourist visa, while the wife was stuck in Dubai, where she works.

The couple got married in Mumbai in 2002 under the Special Marriage Act. Three years ago, the two started living separately, citing irreconcilable differences.

During the COVID-19 enforced lockdown, the duo decided to formally end marital ties. According to sources, the husband had been abroad on a 2-month tourist visa, which was later extended to over 10 months due to the unprecedented contingency.

The Indian consulate, at first, rejected the husband's application to attest his documents, however, after several escalations, they played an important role by aiding the virtual dissolution of the couple.

The Indian authorities in Bali made an exception for the husband by allowing him to attest his divorce petition and power of attorney documents to enable their lawyer, who was present in the city, to file the petition last December.

Last month, the couple underwent virtual counselling and also appeared before the family court via video-conferencing to confirm their consent. The couple's lawyer Pipli Datta even got them a waiver of the six-month cooling-off period after their joint petition was filed before the court.

Datta said that her client agreed with the criteria laid down by the Supreme Court, which family court judge P L Palsingankar could apply to the facts of the case. Stating that the two have been separated for over two years and seven months, the couple told the court that the waiting period of six months in cases of mutual consent divorce petitions would "only prolong their agony".

The consulate may not be able to attest the husband's documents once again for the final hearing six months later, Datta informed the court. She also cited the new COVID-19 strain and said that unless the cooling-off period was waived by the court, the case would be left hanging with no prospects of reconciliation.