Special marriage act

mittumit (Querist) 29 October 2011 This query is : Resolved
what is minimum tenure i can get divorce after mutually filling of petition with my wife u/s 28 ?

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Sankaranarayanan (Expert) 29 October 2011
minimum 6 month to 1 yr is needed

Shailesh Kr. Shah (Expert) 29 October 2011
only 18 months u/s 28(2).

M.Sheik Mohammed Ali (Expert) 29 October 2011
yes, i do agreed experts query reply

mittumit (Querist) 29 October 2011
18 months? but sir i got advise from my lawyer that court pass 2nd motion just after six months..? 18 months will be too long.. nd yes we applied mutual divorce u/s 28 (1) & 28 (2)..

Shailesh Kr. Shah (Expert) 29 October 2011
your advocate is also right. My answered is based on totality.

prabhakar singh (Expert) 29 October 2011
Mr. Shah want to say you 1 year wait since date of registration of marriage and 6months wait from first motion.

Raj Kumar Makkad (Expert) 29 October 2011
Gap of 1 year is must for filing divorce case after marriage and 6 months period is given for second motion in mutual divorce petition.

Shonee Kapoor (Expert) 29 October 2011
Minimum 1 year of seperation for first motion.

Six months cooling off period for second motion.

Regards,

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