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Kulraj9999 (Accounts)     09 May 2012

Mcd special case

Dear Experts,

We are applying for MCD very soon. Can we get divorce in less time if any one of the petitioner is going abroad? If yes, how? and in how much time?



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 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     09 May 2012

No - since the statute (Hindu Marriage Act) provides for a minimum 6 months cooling off period between the motions - it can't be expediated more than. You can try moving an application before lower court to take both of them together, the court is bound to DISMISS it, you can then take the order to the SC u/a 142 r/w 136 - only the SC can waive off that period - but is unlikely to do it merely the ground of one party going abroad. 

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Anjuru Chandra Sekhar (Advocate )     09 May 2012

Period of six months not mandatory

 

As provided in sub-section (2) of section 13B the period of six months cannot be taken as mandatory, because if it is mandatory the very purpose of liberalised concept of divorce by mutual consent will be frustrated, especially when the parties have live separately and there was no chance of reunion; K. Thiruvengadam v. Nil , AIR 2008 Mad 76.

 

Adv. Chandrasekhar (Advocate)     09 May 2012

At present 6 months period is mandatory.

You can move first motion immediately and along with this petition file an application seeking the permission of the court to record second motion in your absence in the presence of your father/brother, to whom you give special power of attorney.  If the court approves that application, second motion after six months can be recorded in your absence.

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