Mutual consent Divorce

Ranjan (Querist) 26 December 2017 This query is : Resolved
Dear Sir,

We have submitted our mutual consent documents last week in one of court in Maharashtra district. While submitting the documents, the court official informed us that they will feed this data in system and v ll get an sms of hearing date on our cell. But now Christmas holidays are going on. Hence till now, v hvnt received any sms.

Could you please let us the some information

1) what is the next procedure after receiving sms?
2) v hv already completed separation period of 1 year, still will the court consider the cooling off period of 6 months? Our marriage was concluded within 20 days of the marriage.
Kindly advise

Thanks

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Vijay Raj Mahajan (Expert) 26 December 2017

First motion will take place on appearance in the Family Court.
Yes the 6 months cooling period will be there and court by itself will not condone it. You can both after 1 week of First motion can apply for condonation of 6 months period in the Family Court on the ground of exception circumstances in your case. If the Family Court satisfied with the ground you assign for condoning the 6 months cooling period, the second motion can be conducted and your case concludes now in few days times.

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SHIRISH PAWAR, 7738990900 (Expert) 26 December 2017
SMS is about the next date of the court proceedings. So after receiving SMS you have attend before court and conduct the case. If your Advocate convinced to court that you were staying separate more than 1 year court may condone the cooling period and pass the order.

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Guest (Expert) 26 December 2017
Well advised by Experts /Advocates Mr Vijay Raj Mahajan and Mr,Shirish Pawar.

Guest (Expert) 26 December 2017
In addition prefer to inform that Supreme Court had recently pronounced that 6 months time need not be mandatory for Mutual Consent Divorce and it could be completed even before that depending on the Pleadings from both the sides.

Guest (Expert) 26 December 2017
On sep 12 2017 the Supreme Court Bench of Honorable Justices Adesh Kumar Goyal and U.U..Lalit said that period mentioned in Sec 13 B (2) of HMA is not mandatory but directory.They also said it is open to the Court to exercise its discretion depending on the facts and circumstances in each case.

Sankaranarayanan (Expert) 26 December 2017
I do stand with experts suggestion

Ms.Usha Kapoor (Expert) 27 December 2017
YOU CAN GET MCD in the next hearing itself as there was no compatibility between you two husband and wife so court can grant divorce on the gr0und of irretrievable breakdown of marriage which was an addi9tional ground for d9vorceal;though Marriage laws haven't been amended so far.

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