Chahal-Dhanashree Divorce: Cooling-Off Period Waived

Yuzvendra Chahal and Dhanashree Verma

Background of the Case

Yuzvendra Chahal and Dhanashree Verma were married in 2020. However, due to irreconcilable and temperamental differences, the couple separated in June 2022 and had been living apart ever since — Chahal in Delhi and Dhanashree in Mumbai. The couple filed for a mutual consent divorce under Section 13-B of the Hindu Marriage Act in 2023, after living separately for more than two and a half years.

Given their long period of separation and the mutual settlement of all marital disputes, both parties filed an application before the Family Court seeking waiver of the statutory six-month waiting period under Section 13-B(2). However, the Family Court rejected their plea, citing incomplete compliance with the consent terms and pending marriage counselling sessions.

Challenging the Family Court’s decision, Chahal filed a Writ Petition (No. 3960 of 2025) before the Hon’ble Bombay High Court. A Single Judge Bench comprising Justice Madhav J. Jamdar allowed the petition, holding that the Family Court’s reliance on the marriage counsellor’s "part compliance report" was misplaced. 

The Hon’ble Court emphasized that the first instalment of permanent alimony (Rs. 2.37 Crores out of the total Rs. 4.75 Crores) had already been paid at the time of filing the first motion, and the balance was to be paid at the time of the final divorce decree. Therefore, the Court found that all obligations required before the second motion were duly fulfilled.

1. Irretrievable Breakdown of Marriage: The couple had been living separately since June 2022. The mandatory one-year separation period under Section 13-B(1) had been fulfilled long before the filing of the first motion.

2. Consent Terms Were Genuine: The Court noted that all marital disputes, including issues related to permanent alimony, stridhan, and return of jewellery and valuables, had been amicably resolved and documented in writing.

3. No Purpose in Prolonging Proceedings: Since both parties had genuinely settled their issues and wished to move forward, forcing them to wait any longer would only extend their distress.

4. Professional and Personal Ramifications: The Court acknowledged that Chahal, being a professional cricketer contracted to play in the Indian Premier League (IPL), had genuine commitments starting 21st March 2025. Similarly, Dhanashree, being a prominent social media influencer, faced setbacks in her professional life due to uncertainties about her marital status.

5. Precedent Cited – Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746: The Hon’ble Court relied on this landmark Supreme Court decision that laid down parameters for granting a waiver under Section 13-B(2), especially in cases where all settlement terms have been finalized and conciliation efforts have failed.

The Hon’ble Bombay High Court quashed the Family Court’s rejection order and allowed the waiver of the six-month cooling-off period. Further, considering Chahal’s IPL commitments, the High Court directed the Family Court to pass the final decree of divorce by 20th March 2025.

This judgment showcases the judiciary’s understanding of the evolving needs of modern-day litigants. In situations where all matrimonial disputes have been resolved and the parties are eager to start afresh, mechanical insistence on statutory waiting periods can defeat the very purpose of justice. The Bombay High Court has rightly prioritized the principle of substantial justice over procedural rigidity.

As a seasoned family law practitioner, I welcome this progressive verdict. This case reinforces the power of mutual consent divorce and demonstrates how courts can be both legally sound and empathetically responsive. It also serves as a strong precedent for other couples facing delays in mutual consent divorce cases due to procedural formalities.

If you are looking for legal guidance in divorce cases, mutual consent divorce, waiver applications, or facing issues under Section 13-B of Hindu Marriage Act, feel free to consult with me. I am committed to providing clear, strategic, and client-focused legal solutions for individuals navigating emotionally sensitive legal challenges.

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