Law Cannot Compel Continuation of a Marriage that Never Truly Existed in Substance: Delhi High Court

The Delhi High Court held that law cannot compel parties to continue a marriage that never truly existed in substance, while waiving the cooling-off period in a mutual divorce case.

The couple had lived together only briefly, and the marriage remained unconsummated with no possibility of reconciliation.

Setting aside the Family Court’s Order, the High Court observed that absence of cohabitation and immediate separation showed that the marital relationship never meaningfully developed.

It ruled that insisting on statutory waiting periods would only prolong hardship, and allowed expeditious processing of the divorce, emphasising a practical and humane approach.

[Paras Jain & Anr. v. Nemo]