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gdk (student)     06 November 2012

Cooling period

Friends,

In appeal in nullification of marriage matter, suppose parties go for MCD, then whether again 6 months cooling period will be there?

Also whether High Court will again send the matter for MCD to lower Court or High Court will only give MCD.

Thanks.



 2 Replies

Adv. Chandrasekhar (Advocate)     06 November 2012

For MCD six months cooling period is mandatory.  Only SC can shorten this period under its inherent power for the matters pending before it.

Guest (Guest)     06 November 2012

Cooling off period is inescapable unless dispensed with by the SC. A petition for divorce by mutual consent has to be filed in the court of the District Judge and not the HC.

 

 

 

Ashish Davessar


Advocate

Supreme Court of India

Punjab and Haryana High Court

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