Mutual Consent

G. ARAVINTHAN (Querist) 20 March 2010 This query is : Resolved
Couple living separately and contested proceedings for over 6 months seek divorce by mutual consent not to be insisted for 6 months cooling off period ?

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RADHA PYARI SRIPADA (Expert) 20 March 2010
As per the recent Mumbai High Court decision, 6 months statutory period can be waived provided they have been residing separately for more than a year.

Raj Kumar Makkad (Expert) 20 March 2010
The following citations favour your case to waive 6 months period:

1. Anamica Srivastav versus Vivek Srivastav 2009 (5) RCR (Civil) 526 AP (DB)

2. Shiv Charan singh versus Hon'ble District Judge, District Court Bhatinda 2009 (5) RCR (Civil) 750 (Punjab & Haryana)

3. Sonali versus NIL 2009 (5) RCR (Civil) 529 (Bombay)

4. Smruti Pahariya versus Sanjay Pahariya 2009 (2) RCR (Civil) 944 (SC)

Raj Kumar Makkad (Expert) 20 March 2010
Please correct first citation as referred above as

2009 (5) RCR (Civil) 862 (MP Gwalior bench)instead of given above which was overlooked.

all other citations given are accurate.

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