Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Ravi Kumar (Manager)     12 May 2011

Can six month perioud for mutual consent way off

I have filed a petition for mutual consent as per my lowyer he says that after 1st motion i have to need to wait for six month for second motion .Is any way so i could save these six month because i dont want to waste these six month. me and my wife ready for divorce and both of us not want to waste our time . Pls any body advice me what to do.



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 10 Replies

M.Sheik Mohammed Ali (advocate)     12 May 2011

you must wait for six months, it will take maximum 1 year to get divorce.


(Guest)

@ravi kumar

You must wait for six months.

You can find this information in this forum.The current judgment shows to wait for 6 months so wait.

Adv Amit Kulkarni (Advocate)     12 May 2011

no, only hon'ble SC has power to waive off period.


(Guest)

madras highcourt has given a judgement  that if the marriage has been broken irretrievably and  there is no chance for reunion there is no need to wait for six months.

ADV Rajesh KASRIJA (ADVOCATE)     12 May 2011

PLZ TELL THERE IS ANY LITIGATION BEFORE THIS MC DIVORCE ANY RESTITUTION U/S 9 OF HMA OR ANY OTHER LITIGATION ADV KASRIJA

ADV Rajesh KASRIJA (ADVOCATE)     12 May 2011

WE TRANSFER RC INTO 13B AND waive off period

Arup (UNEMPLOYED)     12 May 2011

sc has the power u/a 142 of coi..

Ravi Kumar (Manager)     13 May 2011

Thanx for all of you for your kind reply and advice sir

I would like to clear that we both have decided and there are no any chance for reunion in this case also DC will wait for six month ? Is there any procedure so we could avoid this six month perioud ?

Arup (UNEMPLOYED)     13 May 2011

Is there any procedure so we could avoid this six month perioud ?

 

---   sc has the power u/a 142 of coi..

no other way.


 

s.chaudhury roy (staff)     08 June 2011

Suppose if you have filed a DC under section 13 ia & 13ib more than two years back now you have decided to go for mutual divorce and also file an application for converting 13ia &ib application to 13b,in this case whether six months waiting  period is required or not and also both parties accepted they are staying seperately for more than 7 years


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