Filed mutual divorce in lucknow

Hi,

Hello

I have filed mutual divorce in lucknow 9 days back. I got a next hearing in July 2013. 

Mutual divorce petition can not be filed by a single party.

I didn't get any case number yet. Can some tell the following:

case no. is assigned at the time of filing itself.

1. Will I get a case number?

case no. is assigned at the time of filing itself.

2. Can we finish the case early. (I know few people, they got mutual in 3-4 months - FALSE) - 

for MCD min. 6 months are required for 2nd motion

3. If yes, what should we do to finish it fast?

NO. Nothing

4. Can he withdraw the case?

If he has given consent on 1st motion, he can withdraw the same at any time before 2nd motion.

5. What if he does then what can I do?

then u will have to go for contested divorce, 

Please help me with these. Appreciate your help.

Thanks again.

Welcome.

there is nothing you can do to finish it fast it takes minimum 6 months and this period cannot be waived off by family court. Anyone can withdraw their consent in that case the divorce would not be granted but normally it wont happen in your case as generally its the wife who backs out asking for more alimony from husband.

You can get the case number from the court staff or ask your lawyer. 

to get cooling period of 6 months, you bothe need to convince that marraige was long back dead and irretrievly broken down( IBRM). If hon. Judge in his opinion felt reconcialtion is no more viable, then cooling period is waived off, else no option.

On other question, dear Amit gave you apt answer

cooling  period cant be waived off.

only SC can waive off...that too not gurenteed ?

rahul,

can be waived off now, recent rulings say that.So want i said earlier I stay with that, link as below;

https://articles.timesofindia.indiatimes.com/2010-03-18/india/28141910_1_mutual-consent-divorce-plea-section-13b

Of course atelast one year of married life is mandatory, to waive off.

Mani

mani, 

read the highlights carefully to understand the situation in which 6 months period can be waived off

MUMBAI: A recent decision of the Bombay high court will now help speed up divorce for couples who wish to end their bitter legal battle through mutual settlement. The HC has held that the six-month cooling-off period for a couple who file a joint petition for divorce cannot be insisted on by the family court if the couple has already been living separately for a year and their contested divorce plea has been pending in court for over six months. "Parties who settle their dispute are not required to be penalised for doing so,'' said Justice Roshan Dalvi.

Dear Members, please guide about this. Is it true that Mumbai HC can wave off 6 month cooling period.? I am fighting a divorce case against my wife since almost 2 years now. The grounds are cruelty, and desertion. She is not willing  for divorce but might agree in sometime. Our relation has been acrimonious and hostile. She has filed Domestic violence too and we are living separately since 5 years. Can the HC wave off the cooling period if we withdraw all cases and approach with a mutual consent petition. Even i have heard from many people that only supreme court can wave off this 6 month period. Please advise.

@ MS,

Read above my and Amit postings together, you get a picture of waiving the cooling period.

@Amith,

Yes, I missed the second highlighted part. Noted, Thanks

Mani

Good Boy :) :)