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vict498a   19 November 2016

How to remove 6 months cool off period in divorce ?

Hi sirs,

I have applied for MCD in family court and Judge gave 2017 date with 6 months waiting period .

We are living seperately from last 5 years and no possibily of reconcilation after going through traumatic experience with that girl . My lawyer is saying only SC has power to remove cool off 6 months period conditions and family court , HC cannot help in speed divorce especially from 2016 . 

My lawyer says HC and family court exempted 6 months period till last year 2015 but not now. Is it true? And to my karma, my family court Judge is a female and not in favour of faster divorce as per my lawyer.

Google search also giving article related to supreme court juudgements . 

Someone pls guide me what should i do to get divorce without waiting for 6 months . I and my family already wasted 6 yrs of life in truama and want to move forward in life . 

Thank you


 4 Replies

Sachin (N.A)     19 November 2016

Dear  Quriest,


Your lawyer is right only SC can waive off the six months cooling period Invoking Article 142 of the Constitution of India to do ‘complete justice’ to a couple who had decided to part with each other after living separately.

A walk alone (-)     19 November 2016

You have wasted 6 years now you can't wait six months! only SC has power to remove cool off 6 months period conditions . but going SC is only wastage of time and money. It may possible that When your case will come in SC ,six months will over. Better wait six month.

b.goheel   20 November 2016

your answer lies in " Whether high court and lower court can waive period of six m "

please Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=311087

aarjun vhajage (Lawyer)     03 January 2017

sachin is righ, you have to wait

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