What is exact cooling period required for mutual divorce?
Prakash123
(Querist) 19 September 2018
This query is : Resolved
Hello Experts,
I'm being separated from wife since couple of years. Still no any legal cases filed from each other. Now both parties were ready to resolve matter amicably. I just wish to know that what is exact cooling period required for Mutual divorce once filed at court ? I'm asking this because I heard that cooling period is reduced from 6 months to 1 month. Is it true?
Prakash
Isaac Gabriel
(Expert) 19 September 2018
If you are Hindu, the cooling period is one year.
Advocate Bhartesh goyal
(Expert) 19 September 2018
Six months cooling period starts from the day of filing divorce petition on ground of mutual consent ( first motion ).
Prakash123
(Querist) 19 September 2018
I found these links so I have asked above query
https://www.thehindu.com/news/national/6-month-cooling-period-for-granting-divorce-can-be-waived-sc/article19672148.ece
https://timesofindia.indiatimes.com/india/sc-waives-six-months-wait-for-divorce-under-hindu-marriage-act/articleshow/60482423.cms
Prakash123
(Querist) 19 September 2018
https://timesofindia.indiatimes.com/city/indore/no-cooling-off-period-couple-gets-divorce-within-month-of-filing-plea/articleshow/61454944.cms
INDORE: In a first, the Indore family court on Monday grante ..
Read more at:
http://timesofindia.indiatimes.com/articleshow/61454944.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst
No cooling-off period, couple gets divorce within month of filing plea
INDORE: In a first, the Indore family court on Monday granted divorce to a couple within a month of filing petition, waiving off the necessity of a six-month cooling period, as per Supreme Court's decision.
An NRI, who had been living separately since April 3, 2016, decided to get divorce from his wife mutually. The couple had also settled differences regarding other issues such as alimony and property.
Since all efforts at reconciliation had failed and the couple had completed one year of separation before filing the petition, family court judge Subodh Kumar Jain granted them the divorce.
The Supreme Court in its judgement passed in September had ruled that the stipulation under Hindu Marriage Act for a six month wait could be waived off if the parties had already lived separately for at least a year.
In the case filed in Indore, the couple got married on February 24, 2016 as per Hindu rituals. The man is an employee at a company in USA and his parents reside in Indore.
The woman, on the other hand, is a student and a resident of Tilak nagar. Due to the differences in ideology, the couple started living separately since April 3, 2016. They had no children from their marriage and had settled their differences regarding other issues such as alimony and combined possessions.
The husband filed the petition for divorce on October 3, 2017 and they were asked to appear before the court on October 28, when they both expressed the desire to terminate their marriage.
The court granted them divorce, considering that any delay in their divorce would only prolong their subsequent resettlement,” advocate Rohit Upadhyay appearing on behalf of the petitioner said.
K Rajasekharan
(Expert) 19 September 2018
The cooling off period prescribed by law in the case of a mutual consent divorce petition is six months after filing your petition.
In the above news item that cooling off period was waived off to one month or so based on an earlier Supreme Court judgement as both had been staying apart for more than one year.
They filed the divorce petition and asked the court to waive the cooling off period. Such a waiving off petition can be filed after one week of filing the mutual consent petition.
