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RAGHAVVVVV (OP)     20 November 2010

DIVORCE

Dear All Experts,

I am going to file Ist motion of divorce in Dec-2010 after having reached settlement through Mediation cell,Rohini,Delhi.

Please advise whether it is necessary or Is there any new ruling of Supreme Court that After filing Ist motion of divorce 6(six) months waiting period for filing 2(second) motion of divorce is compulsory?

If So, Please please provide that supreme court citation or ruling for reference?

Who is the authority to waive this Six(6) months waiting period for filing 2(second) motion of divorce ?

Please advise?

Thanks & Regards to All .



Learning

 9 Replies

Adv Archana Deshmukh (Practicing Advocate)     20 November 2010

Yes, the six months waiting period is now mandatory as per the decision of the SC,

Smruti Pahariya vs. Sanjay Pahariya ....2009 (13) SCC 338

1 Like

Roshni B.. (For justice and dignity)     20 November 2010

6 months period cannot be waived off...if u still want it to be waived off,file a PIL.

Avnish Kaur (Consultant)     20 November 2010

PIL?

Roshni B.. (For justice and dignity)     20 November 2010

avnish jee

u r a guru of law...how come u dont know.

he may not benefit from PIL immediately,ifcourts approve of it,because he may get a divorce earlier.but he may get satisfaction that his efforts paid,thru which society is now benefitting.

Sayyed Babu (CEO)     21 November 2010

provide if the petition filed by you is not a mutual consent, you need not wait for six months as per the provision previeled in Hindu marriage Act

mukul (Farmer)     21 November 2010

my marriage was solmenized on 6th june 2009 . my wife wilfully refuse to consummate . My marriage has never been consummated. Imeediately after five days of marriage she left for her parental house and never returened.till today. Is my marriage is null and void .Or i have to goto court to declared as null or void .will the court declare as divorced or null or void

Roshni B.. (For justice and dignity)     21 November 2010

Mr. mukul,

 

to get good responses to your query,kindly post your query in the forum separately.

to get responses only from lawyers,post in experts section.

MAHENDRA (advocate)     23 November 2010

Mr. Mukul, try to reconcile the differences arose between u and your wife during the stay with u after marriage.

The court will not declare your marriage null & void, unless it solemnized  according to the Hindu Marriage Act.

MAHENDRA (advocate)     23 November 2010

Mr. Mukul, try to reconcile the differences arose between u and your wife during the stay with u after marriage.

The court will not declare your marriage null & void, unless it solemnized  according to the Hindu Marriage Act.


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