Mutal consent divorce

kavita vishwakarma (Querist) 16 March 2012 This query is : Resolved
i want to file divorce petition by mutal consent so there is any provision in family law so without the wait of 6month of period can i get the divorce
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Shonee Kapoor (Expert) 16 March 2012
Only SC can now waive off this mandatory waiting period of six months.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Kiran Kumar (Expert) 16 March 2012
at present even SC cannot waive this period of 6 months.

the issue has been referred to a larger bench and it is yet to decide whether SC can while exercising powers under Art 142 allow the waiver of 6 months statutory period?

Raj Kumar Makkad (Expert) 16 March 2012
There is no legal procedure to waive this waiting period.

Nadeem Qureshi (Expert) 16 March 2012
Dear Kavita
There is no provision to waive off the time period mention in the Act.

Shonee Kapoor (Expert) 16 March 2012
Yes, I stand corrected, the matter is referred to the larger bench and even SC can not waive off the six months period as of now.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

V R SHROFF (Expert) 16 March 2012
to waive in under consideration. At present one cannot get quick divorce within 6 months.
It will take around 7-8 months to get decree in hand

M.Sheik Mohammed Ali (Expert) 16 March 2012
yes, you must waive atleast 6 months

ajay sethi (Expert) 16 March 2012
agree with experts . 6 months waiting period cannot be waived

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