As per the agreed terms of divorce, Chahal has to pay alimony of Rs.4.75 crores to Verma. This amount will be paid in two instalments.
Mumbai: A family court in Mumbai has granted divorce to Indian cricketer Yuzvendra Chahal and his estranged wife, Dhanashree Verma, on Thursday.
This decision comes a day after the Bombay High Court directed the family court to finalize the divorce case by today, as Chahal is set to participate in the upcoming Indian Premier League (IPL).
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The divorce was officially confirmed by Chahal’s advocate, Nitin Gupta, and Verma’s advocate, Aditi Mohoni.
As per the agreed terms of divorce, Chahal has to pay alimony of Rs.4.75 crores to Verma. This amount will be paid in two instalments.
High Court Waives Cooling-Off Period
On Wednesday, the Bombay High Court allowed a plea filed jointly by Chahal and Verma to waive the mandatory six-month cooling-off period required under Section 13B of the Hindu Marriage Act before granting a mutual divorce.
The court waived this period after considering that the couple had already been living separately for over two and a half years. Additionally, the High Court noted that both parties had complied with the terms agreed upon during mediation, particularly regarding alimony payments.
Chahal, who plays as a spinner for Kings XI Punjab in the IPL, is now set to join his team for the tournament, which begins on March 22.
Marriage and Separation Timeline
- Chahal and Verma got married in December 2020.
- They separated in June 2022.
- They filed a mutual consent divorce petition before the family court on February 5, 2024.
- They also requested a waiver of the six-month cooling-off period.
What is the Cooling-Off Period?
Under Section 13B(2) of the Hindu Marriage Act, a couple filing for divorce through mutual consent must wait for six months before the court considers their petition. This waiting period is meant to provide time for reconciliation.
However, the Supreme Court in 2017 ruled that this cooling-off period can be waived if there is no chance of settlement between the parties.
On May 1, 2023, a Constitution Bench unanimously ruled in Shilpa Sailesh v. Varun Sreenivasan that the Supreme Court can directly grant divorce on the grounds of ‘irretrievable breakdown of marriage’ under Article 142 of the Constitution.
Section 13B of the Hindu Marriage Act, 1955, prescribes a cooling-off period of 6 to 18 months for divorce by mutual consent. The court clarified that under Article 142, the SC is not bound by these procedural requirements and can grant divorce before this period lapses, even if the case is pending before a Family Court. Additionally, the SC can dissolve a marriage in the interest of justice, even if one party opposes it.
The Bench recognized that while the cooling-off period allows couples time for reconsideration, it may be an obstacle in cases where the marriage has irretrievably broken down. The period can only be waived when the Court determines that reconciliation is impossible.
Key factors in assessing an irretrievable breakdown include:
- Duration of cohabitation after marriage
- Last instance of cohabitation
- Nature of allegations exchanged
- Efforts made to resolve disputes
- Length of separation
On February 20, the family court refused to waive the six-month waiting period. The court found that Chahal had only made a partial payment of the agreed alimony. While he had paid Rs. 2.37 crores, the family court noted that he had not yet completed the full payment of Rs. 4.75 crores.
Additionally, a marriage counselor’s report mentioned that there was only partial compliance with the mediation process.
After reviewing the case, the Bombay High Court disagreed with the family court’s order of February 20. The High Court found that there was no legal barrier to granting the waiver because the consent terms already included the payment of the second instalment of alimony after the divorce decree.
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The High Court ruled: “There was compliance with the consent terms since it provided for the payment of a second installment of permanent alimony after the decree of divorce.”
As a result, the High Court ordered the family court to finalize the divorce on Thursday.
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