janak r mehta (partner) 02 July 2014

Mutual concent divorce

Dear Members..

I am a member of this forum.ME and MY WIFE HAS DECIDED TO FILE MUTUAL CONCENT DIVORCE .WE HAVE consulted lawyer for this process. ME AND MY WIFE HAS SETTLED ALL OTHER TERMS & CONDITIONS PEACEFULLY.KINDLY advice me for my following questions.

[1] LAWYER CONSULTED BY US HAS SAID THAT YOU HAVE TO BEAR FOR 06 MONTHS AS COOLING PERIOD. IS IT REALLY NECESSARY IN MUTUAL CONCENT DIVORCE OR CAN IT BE REDUCED TO 15 DAYS OR 01 MONTH? I have read many articles regarding MCD ,in which i came to know that if couple living seperatly for more than 01 year at the time of MCD application wil be filed and if they made request to the honerable court than court may reduce cooling period to 15 days or 01 month from the date of application filed.

[2] IS IT MENDATORY REQUIRED THAT MUTUAL CONCENT DIVORCE APPLICATION HAS TO BE SIGNED BY PARENTS AS WITNESS? NO other relative or friend will be considered as witness.?

Thanking all of you in advance..

JANAK R. MEHTA

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6 Replies

ayushi (lawyer) 02 July 2014

You have to wait for six months period and, it cannot be reduced. It is not generally reduced except in grave circumstances only by supreme court. Other courts cannot reduce the cooling period.

ayushi (lawyer) 02 July 2014

You have to wait for six months period and, it cannot be reduced. It is not generally reduced except in grave circumstances only by supreme court. Other courts cannot reduce the cooling period.

ayushi (lawyer) 02 July 2014

You have to wait for six months period and, it cannot be reduced. It is not generally reduced except in grave circumstances only by supreme court. Other courts cannot reduce the cooling period.

Laxmi Kant Joshi (Advocate ) 02 July 2014

You have to wait for atleast six months for obtaining your mcd , this period cannot be waived off .

Adv k . mahesh (advocate) 02 July 2014

https://timesofindia.indiatimes.com/city/mumbai/No-waiting-in-mutual-consent-divorce/articleshow/16549590.cms

the above article is very clear that if a divorce petition is already in the court and the parties agree for terms of mutual divorce then they can file an appeal converting it to petition and get divorce instantly without this waiting period of 6 months and if no case any then even if you go to supreme court under article 142 it will take same time and lot of money to be paid