Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Mahadev   11 October 2016

6 months waiting period_divorce

Respected Lawyers/Members,

 

If husband/wife file MCD after living separately for more than 3 years, do Family courts judges still insist on 6 months waiting period or will the MCD be granted in the first hearing itself..Is this power there with Family courts or avaiable only to High and Supreme courts ?



Learning

 10 Replies

Sachin (N.A)     11 October 2016

Only SC can wave-off 6mth cooling period

Once the petition for divorce under “mutual consent” was filed, the parties have to wait for a six months period  

In the Anjana Kishore Vs Puneet Kishore case, a three-judge bench of the SC waived off the six month period for granting the decree of divorce by exercising its extraordinary powers under Article 142 of the Constitution.

 

Thereafter, a number of high courts and even matrimonial courts started granting divorce decrees without waiting for the mandatory period.subsequently, in the Anil Kumar Jain vs Maya Jain case, another three-judge bench opined that only the Supreme Court has the power to waive off the six month period and not the high courts.

 

1 Like

Advocate Ashok Yadav & Associa   11 October 2016

YOu have to approach the Supreme Court and this can be done then 

 

Please be free to contact then we can discuss in details.

 


Advocate Ashok Yadav {B.M.S., LLB (Mumbai) LLM –London(UK),}

 

8898242424

 

Regards

KS Johal   11 October 2016

Thank you Sachin for the above information. You are absolutely right.

Sood   11 October 2016

No not necessarily. This 6 months to 18 months period is given when couple decide to live seperately and in ur case u are already living apart for last 3 years. Sop go aheaf

Sachin (N.A)     11 October 2016

As per the section 13 B of The Hindu marriage ACt, 1955

13B. Divorce by mutual consent.

 
(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub- section (1) and not later than eighteen months after the said date,
 
But usually courts grant divorce after 6 mths

 

singhmonika   11 October 2016

6 months period can be waived off as explained by mr. Sachin in special surcumstances.  there are number of judgements where you dont have to move to HC to seek directions. you can simply make submissions in the petition  and can rely upon the judements on this point.

sai narayana   12 October 2016

By the time your case comes for hearing in SC with huge costs, the 6 months will complete :-)

A walk alone (-)     12 October 2016

If you can wait for 3 years then wait for six months is not a big deal. Dnt waste your money and time in going HC or SC. When your case will come for hearing in HC or SC, six months will compete. During these six months you can find someone else to remarry after divorce

Vivek   17 October 2016

You are lucky that you are getting this done mutually. I am also staying separate last 2 years. But no one wants neither to leave together not take a step to apply for divorce.

My consulting advocate says that if  you apply divorce the she will feel that you are in need and ask unreasonable amount for settlement so let her take the first step 

I am waiting last 2 years that i will give diorce only she ask.

 

sai narayana   19 October 2016

Vivek,

Trying is better than sitting idle, as you can not regain your lost youthful days.


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