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(Guest)

Mutual consent divorce

Dear Sirs,

Please tell me which law or legal procedure and under which section can waive the statutry limit of 6 months cooling off period as provided in HMA for Mutual Consent Divorce proceedings?

I look forward receiving your response,

Regards,

Vijay Maheshwari



Learning

 5 Replies

rahul (director)     17 January 2013

6 month can't be waived.

Tajobsindia (Senior Partner )     17 January 2013

Art. 142 COI that also only before Hon'ble SC and not at trial Court and or HC has power to waive off.

1 Like

RK (adada)     17 January 2013

IF YOU WANT 6 MONTHS PERIOD TO BE WAIVED OFF THEN FILE THE MUTUAL CONSENT DIVORCE APPLICATION IN SUPREME COURT.

Rajib Banerji (Self Employed)     11 April 2013

Rajib Banerji (Self Employed)     12 April 2013

I know people who have been contesting divorce cases for more than 5 years then when they decide to settle for mutual divorce they are asked to file a fresh joint petition under section 13B and wait for 6 months for the decree instead of converting the existing contested divorce case into a mutual one.This 6 months cooling period is ok for people living seperately for a year then file for mutual divorce,but  for people who have been contesting divorce cases for many years and then one day decide to settle it mutually it becomes a real pain.The hon'ble Supreme court should see to it that divorce seekers are given relief and not misery.The Trial Courts should have the power to grant immediate divorce to couples who have been seperated for a number of years.It is totally unacceptable that for example if a man from Bangalore wants the 6 months cooling period waved off,he has to go all the way to Delhi & file a mutual consent divorce in the Supreme Court.

Obviously, the intentions behind the “cooling off period” is good. But it paves the way to the road to hell for many couples. Why keep people legally bound together for longer than they desire? Are those jurisdictions who favor this notion of a “cooling off period” really that paternalistic that they believe they know better than two consenting adults if a marriage is over or not? Presumably if two people come in seeking a divorce, the marriage has been disintegrating for some time. There is no need for additional cooling off time.


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