Re-file mutual consent divorce

Parth Sarathi (Querist) 06 March 2014 This query is : Resolved
Mutual Consent Divorce (MCD) case was dismissed as the Permanent alimony could not be paid and we were not sure when we could arrange for the same. We had try to discuss with the girl to reduce the amount however they declined. Now if the girl has agreed for a lesser amount which we can pay right away -

Would we have to file a new MCD and wait for 6 months

OR

we can put a reference of the old case and get an exemption on the 6 month wait period ?

Original MCD filed in July 2013,
First date on 8-Jan-2014
Dismissed on 31-Jjan-2014

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ajay sethi (Expert) 06 March 2014
A fresh petition with the same formalities will have to be moved , if after dismissal ,the parties wish to move afresh

Parth Sarathi (Querist) 06 March 2014
Is there no way to skip the 6 month cool off period

Nadeem Qureshi (Expert) 06 March 2014
lower court has no power to waived off that period

Rajendra K Goyal (Expert) 06 March 2014
File fresh move for MCD.

R.K Nanda (Expert) 06 March 2014
agree with experts.

Devajyoti Barman (Expert) 06 March 2014
Yes, you have to apply for afresh and to wait for another 6 months.

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