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cryptic_79 (Software Professional)     20 September 2013

Divorce reconciliation during cooling off period

My brother who is based in US got married last year to a girl in India and they got their married  registered in Delhi last year. Within few days , the girl was not interested in moving abroad and wanted a divorce. They have never lived with each other .After filing mutual consent divorce and signing the consent deed, the judge gave a cooling off period of 6 months. Now she is repenting and wants to reconcile and is ok to move abroad.

My question is ,incase we want to give the relationship a chance, can we extend the cooling off or put the case on hold for some time atleast till we are sure she is committed to this marriage. What things should we be careful of from a legal perspective in this case incase we decide to give the relationship a chance as it could be that she again changes her mind not to move abroad for not big reason. Which is the best way to move forward from a legal perspective incase we decide to give this relationship a chance?

Any help would be great.


 3 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     20 September 2013

If parties ask for time in IInd Motion, it can be extended for a year. 

Mean while if they resume Cahibitation, then  Divorce Case will be dismissed. 

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Giving it a thought is a good thing.

Also agree with expert.

T. Kalaiselvan, Advocate (Advocate)     21 September 2013

Dear Deepak,

If your brother's wife does not wants to be divorced and she pleads a chance to prove herself fitting into the matrimonial fold, allow her inside the house, watch her performance, in the meantime on the hearing date after the initial cooling off period, your brother  and she may move a joint application to defer the proceedings until next motion or can withdraw the present petition with the leave of the court to file a fresh petition in the future should the similar circumstances warrants for one at later date due to the failure of the efforts of joint living, etc. 

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