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Six months waiting period

Querist : Anonymous (Querist) 24 January 2012 This query is : Resolved 
Dear Experts,

My brother is facing divorce case filed by his wife. My brother is planning to convert present petition to MCD. I would like to know that since already 18 months were over to present case so he has to wait for six months or he will be granted divorce on next hearing? Any application for waiver of compulsory waiting period should be given.
DEFENSE ADVOCATE.-firmaction@g (Expert) 24 January 2012
You have to file fresh petition by mutual consent.
ajay sethi (Expert) 24 January 2012
courts convert the divorce case pending into divorce case by mutual consent on application made by parties
Advocate Bhartesh goyal (Expert) 24 January 2012
You have to file fresh petition u/s 13{B} of H.M.A alongwith the application for waiving period of six months.Court may consider your application on ground that already there has been pending cases between the parties and should waive period of six months.
Shonee Kapoor (Expert) 26 January 2012
Dear All,

The practise of conversion has now been stopped by SC.

Now only SC can waive off 6 months statutory period under its powers of 142 in Indian Constitution.


Shonee Kapoor
V R SHROFF (Expert) 26 January 2012
On 7th Jan 2012, at Thane Family Court. Same day, with help of Councillor, a Regular Divorce Petition pending for 8 years , is converted to MCD, granting Divorce on the same day. Thanks to LCI, he came to me and his problem solved in a day.
NO Need to wait further 6 months.
Only Pay Rs. 100/- court fees on consent term with councilors Report.

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