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Family Court Waives Waiting Period for Couple Living Apart for Six Years

On October 15, the couple filed a mutual divorce petition, which was granted on November 15. 15. The court waived the mandatory six-month waiting period.

Salil Urunkar

Pune: A marital dispute triggered by ongoing tensions between a mother-in-law and daughter-in-law ended in divorce after six years of separation. The Family Court, presided over by Judge B.D. Patil, approved the mutual divorce petition on November 15, 2024, waiving the six-month waiting period as permitted by the Supreme Court in cases of prolonged separation.

The couple, identified as Madhav and Madhavi (names changed), married in April 2016 in a traditional ceremony. Madhav is employed, while Madhavi is a homemaker. Their daughter, now seven years old, was a significant consideration in the legal proceedings.

The marriage began to deteriorate due to escalating conflicts between Madhavi and her mother-in-law. Matters worsened, and in May 2018, Madhavi left the marital home with her daughter.

In 2019, Madhav filed a unilateral divorce petition but later withdrew it under the condition that Madhavi would return to the marital home. However, Madhavi filed a case under the Domestic Violence Act in 2023, making reconciliation impossible.

On October 15, 2024, the couple filed a mutual divorce petition, which was granted on November 15. The court waived the mandatory six-month waiting period, citing the couple's six-year separation. As part of the settlement, Madhavi will retain custody of their daughter, while Madhav has paid ₹5 lakh as a financial settlement.

The court acknowledged that further delay would serve no purpose and allowed both parties to move forward with their lives independently. Advocates Rani Kamble-Sonawane, Dnyanada Kadam, Priyanka Wagh, and Sheetal Badade represented the wife, while advocate Kapil Dusange represented the husband.

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