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sunil (accounts asst)     19 October 2016

Divorce by mutual consent

Me and my ex wife have agreed on divorce by mutual consent on 22nd October 2016 one year of separation will be completed then in November 1st week we will file pettion for divorce by mutual consent in the district family court. I want to know whether judge will waive of the period of 6 months if the laweyers of both the parties requests so or it is compulsory to wait for six months for the divorce order from the judge?


 6 Replies

Min 1 year. Waiting period 6 months. No other go. Can go sc. Going sc coming back. It take 6-7 months. Y circus? Wait. Take divorce decree in 6 months time. Be divorced. I hereby pronounce u DIVORCEE AND DIVORCEE!

Ms.Usha Kapoor (CEO)     19 October 2016

THERE ARE SOME CASES WHERE THE Family courts  ON THE  Precedents SET UP BY The Supreme Court on 2nd hearing if it is convinced that  there is no compatibility  absolutely between the husband and wife and irreconcilable differences  between both the parties to MCD court granted MCD much before 6 months. This 6 months waiting period  is to see whether parties go for reconciliation or cooling period for both the parties to MCD  not to go for MCD. All this depends upon court's observation  during 1 st or second hearing of the parties.If you appreciate this answer please click the thank you button  on this forum.

Vijay Raj Mahajan (Advocate)     19 October 2016

No District Family Court has power to wave off 6 months waiting period. The Supreme Court of India only has powers under Article 142 to waive off the 6 months period in deserving cases only. You file for the divorce by mutual consent and after 6 months the divorce will be granted by the Distrct Family Court.

Sachin (N.A)     19 October 2016

Only SC can waive-off six month cooling period.

Nitish Banka (lawyer)     19 October 2016

only supreme court can waive off the cooling period and it depends on circumstances.

Warm Regards,

Adv. Nitish Banka


Pradeep Kumar (Lawyer)     20 October 2016

Dear Sir,

Only Supreme Court has the power to waive off  six months under the provision of article 142 of the Constitution but District Judge of the Family Court  does not have the power to waive off the time of six months.. However, if you wish to explore the option of waiving of the six months,kindly make an application for waiving off six months in the Family Court, thereafter against the order of the Family Court move to the Supreme Court to waive off six months. You will get the results from Supreme Court.

Adv.Pradeep Kumar Khatana


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