Indian courts grant divorce waivers and uphold long‑separation split

The Delhi High Court ruled that the statutory one‑year cooling‑off period for filing a divorce under the Special Marriage Act can be waived when the marriage is notional, unconsummated and the parties face exceptional hardship. The bench overturned a family‑court order, directing that the mutual‑consent divorce petition proceed without the waiting period.

The Supreme Court, hearing a separate case, affirmed the divorce of a doctor couple who had lived apart for more than 15 years. It held that denial of sexual intimacy constitutes mental cruelty under the Hindu Marriage Act and that prolonged matrimonial litigation merely preserves a marriage on paper. The apex court dismissed the challenge to a lower‑court divorce decree, emphasizing the irretrievable breakdown of the marriage.