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Rajib Banerji (Self Employed)     12 April 2013

6 months cooling off period after filing for mutual divorce.

I was contesting a divorce with my estranged wife since 2007.We have been living seperately since 2006.Then early this year we had decided to settle for a mutual divorce.We tried to convert the contested divorce into a mutual one but the trial court rejected the petition filed by us and asked us to file a fresh mutual divorce petition u/s13B.After filing the same we were told that we would get the decree after 6 months.Is it mandatory to wait for 6 more months when the marriage has already failed and we are living seperately since 2006 and all attempts of reconcilliation have failed.



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 6 Replies

Manish Udar (www.Mehnat.IN)     12 April 2013

yes even single judge of supreme court cannot waive 6 months

 

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Adv k . mahesh (advocate)     12 April 2013

it is mandatory to wait for 6 months but have you mentioned about alreadly a divorce case is pending since 2007 and consider it and grant as early as possible because since 6 years there is not recomciliation and request for the same 

Advocate Suwarna Jadhao (-)     12 April 2013

Hello dear client,

yes the cooling period in DMC is of 6 months, but if the case is pending since long time, and there is no possibility for reconciliation, than u can request the court for waiving of this period. This cooling period is waived in rarest of rare case only. If the court doen'st accept ur contention, than also instesd of challenging the courts and all, as u have waited for this much years, wait for next few months and get ur problem sloved by mutual divorce in 6 months.

Amit (NA)     13 April 2013

No court can waive off this 6m cooling off period even under rarest of the rare cases.
Only SC can do so under the powers given to it by Art.142.

Even then some courts do waive off this period and it's fine as long as it's not challenged in HC. If challenged (later on) by your spouse in HC, this MCD will be set aside and you are back to square one.

It's better to wait for 6m and get it cleared in a safer way.

1 Like

Adv Archana Deshmukh (Practicing Advocate)     13 April 2013

The above opinion of Amit is correct. At least in todays senario only the SC can legally waive the 6m period under Art. 142 and not other courts. So it is better to keep patience and move the second motion after 6m.

Msk-need -nuetral- laws (self)     13 April 2013

Amith is correct, however with new proposed amendment bill, the contested divorce which are later converted into MCD, can avail 6 months cooling off period waived.


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