Narayan (Software developer) 21 January 2016
My wife separated with me in year 11/2013 and I have filed divorce under sec13(a) in year 03/2015.
Now my wife agree to give divorce on mutual ground and again we need to file divorce under sec 13 (b).
Now we have to wait 6 month , Is there any way to bypass this 6 month waiting period since we have separated 2.5 year from now and already 10 month back I file divorce.
Vijay Raj Mahajan (Advocate) 21 January 2016
Yes you have to wait for 6 months before the divorce be allowed and decree issued to you. The Supreme Court has clearly made law in this regard that the 6 months period will not be condoned by any subordinate court and only in exceptional cases its the Apex Supreme Court that can allow the divorce by mutual consent by condoning 6 months period as the special power is provided to it by virtue of Article 142 of the Constitution of India.
vishak (manager) 21 January 2016
Sir - kindly guide such law made by SC for non condonation of 6 month by family courts.
vishak (manager) 21 January 2016
Sir i mean, is it illegal if any lower court passes decree after considering such condonation ?
Laxmi Kant Joshi (Advocate ) 21 January 2016
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