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vikas   11 December 2017

Divorce : cooling period off

We got married in Feb17 this year and now both of us have decided for divorce after all discussions. Request you to please advice :-

1. do we need to wait for one year to file the mutual consent case.

2. as the latest Judgement came out regarding waive off of cooling period of 6 month, can we we get the decree immediately once we files. 

Pls suggest the best way to get the divorce as soon as possible.

Thanks Regards 

Vikas



Learning

 3 Replies

Siddharth Srivastava (Advocate)     11 December 2017

Incomplete or half baked information or knowledge is always dangerous, Wait for one year to lapse only then you can file divorce petition. Under the given circumstances you can not go for divorce. Consult a lawyer with details.

Advocate Bhartesh goyal (advocate)     12 December 2017

You both have to wait for a year to file petition for mutual consent divorce.cooĺing period can not be waived on general ground if any urgency or reasonable cause is shown then and then cooling period may be offered.

Vijay Raj Mahajan (Advocate)     12 December 2017

Forget till Feb 2018 of filling for divorce by mutual consent.

Secondly there has to be separation of 1 year between both parties before the joint petition for divorce by mutual consent be filled. Yes if you never consummated the marriage and ever since the marriage living separately, not living in husband and wife relationship even if living under the same roof, can apply for the MCD after Feb, 2018.

The 6 months cooling period is there than only in exceptional cases which parties have to state in the application for condonation of 6 months period to be made to the Family Court, but that too will require some time, not like that you get the decree of divorce immediately when you file the divorce petition, which is not even happening anywhere in the world.


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