Divorce by mutual consent (SIX Months) HMA

Querist : Anonymous (Querist) 13 January 2010 This query is : Resolved
Dear Experts,
Is it possible to reduce minimum period of 6 months of mutual consent divorce?
If yes then HOW?
and what is the probability of this reduction.
as I have to go abroad 3-4 months after now.
Is it good for me(BRIDEGROOM) to make file divorce petition U/s 13(1)(ib) from the side of bride.So that it can tackle in 2-3 months.
Is there any bad thing in it for me?
and afterwards we will write all the conditions in W.S.A.
AS I m giving Lumpsum alumini to her.
Thanx

Follow Query

Report Abuse

n.k.sarin (Expert) 13 January 2010
Mr.anonymous It is not possible to reduce minimum period of six month of mutual consent of divorce.It is obligatory on the court to give six month time to both the parties to think over the matter or any possibility for reconciliation.In a latest judgment of Apex court the first duty of court in divorce matter is to try their best for reconciliation.

Sachin Bhatia (Expert) 13 January 2010
Different High Courts have got different views on this issue.

Anish goyal (Expert) 14 January 2010
sachin brother supreme court has clear this thing latest judgement of anil kumar jain vs. Maya jai that six month period is to be followed only supreme court can reduce it under art 142

N RAMESH. (Expert) 14 January 2010
I agree with Mr.Sarin in view of judgment of supreme court as cited by Mr.Anish goyal

Raj Kumar Makkad (Expert) 14 January 2010
There is a latest SC citation vide which in the case where practically marriage seems broken and the couple has good chance of re-marriage then such exemption can be granted.

Vijayarajan (Expert) 15 January 2010
Six months is a mandatory one. The supreme can only grant exemption.But practically to get an exemption from supreme court may take a longer period. So it is better to wait, so that both the parties can think over the matter or any possibility for reconciliation.