Today, On 19th March, The Bombay High Court instructed the family court to rule on the divorce petition of cricketer Yuzvendra Chahal and Dhanashree Verma by tomorrow. The directive considers Chahal’s commitments for the upcoming Indian Premier League (IPL). The expedited decision aims to resolve the matter swiftly. This ruling ensures minimal disruption to Chahal’s professional engagements.
Mumbai: The Bombay High Court granted a plea from Indian cricketer Yuzvendra Chahal and his separated wife, Dhanashree Verma, seeking to waive the six-month cooling-off period required under Section 13B of the Hindu Marriage Act for a divorce decree.
Single-judge Justice Madhav Jamdar issued the order and instructed the family court to decide on the divorce petition by tomorrow, considering Chahal’s participation in the upcoming Indian Premier League (IPL).
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The Court made this decision after noting that Chahal and Verma have been living separately for over two and a half years and that the terms agreed upon during mediation regarding alimony payments have been complied with.
Under Section 13B(2), a family court may only consider a mutual divorce petition after a six-month period from the date of filing. This cooling-off period is intended to allow for the possibility of reconciliation.
However, the Supreme Court ruled in 2017 that this period can be waived if there is no possibility of resolving the dispute between the parties.
Chahal and Verma were married in December 2020 and separated in June 2022. They filed a joint petition for divorce based on mutual consent on February 5, requesting a waiver of the cooling-off period.
On February 20, the family court denied their request to waive the statutory cooling-off period, citing only partial compliance with the consent terms, which required Chahal to pay Rs.4.75 crore to Dhanashree. As noted by the family court, he had only paid Rs.2.37 crore.
Additionally, the family court referenced a report from a marriage counsellor indicating that there had been only partial compliance with mediation efforts. This prompted the couple to appeal to the High Court.
The High Court concluded that there was compliance with the consent terms, as the second installment of permanent alimony was contingent upon the divorce decree. Consequently, the High Court granted their plea.
According to Section 13B(2), a family court can only consider a mutual divorce petition after a six-month waiting period, which is intended to allow the couple to explore reconciliation.
However, given that Chahal and Dhanashree have been apart for over two years, the Bombay High Court determined that the cooling-off clause was not applicable in this case. The petition filed under Section 13B of the Hindu Marriage Act, which allows for divorce by mutual consent.
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The situation became more complex when the family court, on February 20, refused to waive the six-month statutory cooling period, citing partial compliance with a consent term between Chahal and Dhanashree.
Under the consent terms, Chahal had agreed to pay a total of Rs.4.75 crore in permanent alimony to his estranged wife. However, he has reportedly paid only Rs.2.37 crore and 55 thousand to date. The court viewed the non-payment of the remaining amount as a lack of compliance, leading to the rejection of the cooling-off plea.
The family court reached this conclusion after reviewing a report from a family counselor that highlighted the issue of non-compliance. On Wednesday, the Bombay High Court acknowledged that the couple had already spent over two and a half years apart, which supported the argument for compliance with the consent terms regarding the payment of the remaining amount.
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