we are living seperare since jan 2021.all issue regarded, alimony, child custody, and settled , and we moved MCD in sept, 2022. which is headed by judge, and counseling done, which is failed, and date give 24 March, 2023, I want early divorce, by waive off cooling off period.
please help me. thanks in advance
The Supreme Court has recently waived off the mandatory cooling period of 6 months before divorce, provisioned earlier in the Hindu Marriage Act of 1955. Henceforth, a trial court can dispense with this period if there is no possibility of cohabitation between the estranged couple.
The Bombay High Court ruled in Mr. Prakash Alumal Kalandari v. Mrs. Jahnavi Prakash Kalandari that where a petition for divorce is submitted through joint consent under Section 13B of the Act, the Court will convince itself that the consent granted by the partners persists until the date of the issuance of the divorce decree. Furthermore, if one partner voluntarily withdraws its support, the Court does not have the authority to grant a divorce decision by mutual consent under Section 13B of the Act.
