LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raj (fr)     05 November 2015

6 months cooling period be wavedoff 13b

Dear Ld.Friends,

If contested petition u/s 13 HMA is conveter to MCD 13B after agreement done at HC on comprimise can the 6 months cooling period be wavedoff witout approaching to HC or SC.

Please suggest.




 6 Replies


Illai.  No.  Illa. Cant.

Ranjeet Singh (SME)     05 November 2015


The cooling period of 6 months can't be waived off. But the supreme court has the power to do so.

Mr. RS.


Anand Bali Adv. (Advocate Solicitor & Consultant)     05 November 2015

Only Supreme Court Of India or The parliament (both the houses) can pass an order/ resplution considering the emergency of it where there nothing remained in the existing marriage which can be revived. In very extreem circumstances.

SRISHAILA.DHARANI (Advocate&consultant)     05 November 2015

cooling period can not be waived off, as the act stipulates 6 months as mandatory.It can be waived off only on extreme circumstances by the high court or by the supreme court.


Anand Bali Adv. (Advocate Solicitor & Consultant)     05 November 2015

Dear Friend Srishaila Dharani can you quote any case were any High Court of India has waved off the cooling period of Six months in the MCD case? Pl cite.

As per my experience and knowledge there is no provision in any HC of India by which it can amend this six months cooling period time in MCD cases.

I am waiting for your reply, you can also send me PM if you please.

Raj (fr)     05 November 2015

Bombay High Court
Road No.5 vs Age 34 Years on 25 September, 2012
Bench: V.M. Kanade, P. D. Kode

14. For the aforesaid reasons, we are of the view that it is not necessary for the appellate court to wait for a further period of six months after an application is filed seeking conversion of the petition into a petition for divorce by mutual consent.

15. In the result, the appeal is allowed in terms of the consent terms and the marriage between the appellant and the respondent is dissolved by mutual consent under section 13B of the Hindu Marriage Act. Decree be passed in terms of the consent terms.

16. Family Court Appeal is disposed of.

17. We would be failing in our duty if we do not express our sincere appreciation for the assistance given to us by the learned Counsel appearing on behalf of the respondent.

      (P.D. KODE, J.)            (V.M. KANADE, J.)

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query