Mutual consent divorce

The waiting period for divorce on mutual consent is six months and it is mandatory to wait for the lapse of the said period from the date of petition.  The cooling off period is set for reconciliation between both if any. The period of two years or more after marriage or the age factor cannot be sought as a ground for waiving the waiting period of six months.  In case judge is convinced, at his own discretion he may order for waiver of the waiting period, but in Bangalore, the matter is first referred to the mediators/counsellors and based on their report only the courts decide about the case.  Please engage a good lawyer at Bangalore and proceed with the case. With regards - Advocate kalaiselvan, Ph: +919443441062

agree with expert, nothing left to add

Thank you Sirs for your prompt response..

Sirs, Are there any recommendations you can make for a good lawyer in Bangalore?

1) Can you please help me understand the below details.. 2) is it possible to submit a 6months waiver request along with the initial filing? If the below conditions are met, will the judge waive the waiting period and avoid counseling? "In Anita Sharma & Another Vs NIL passed on 22nd March, 2005 in CM(M) No.412/2005 wherein certain tests were laid down by this Court in cases where reduction of the six months period provided under Section 13B(2) of the Act is sought. The aforesaid tests are as follows:- (a) the maturity and the comprehension of the spouses; (b) absence of coercion/intimidation/undue influence; (c) the duration of the marriage sought to be dissolved; (d) absence of any possibility of reconciliation; (e) lack of frivolity; (f) lack of misrepresentation or concealment (g) the age of the spouses and the deleterious effect of the continuance of a sterile marriage on the prospects of re-marriage of the parties. 9. Such waiver must be granted by the Court only when the aforesaid tests are satisfied and should not be granted merely for the asking by the parties. "

Originally posted by : K
	Sir/Madam, My husband and I are looking to apply for divorce through Mutual Consent. Month/Year of marriage - Dec 2011 We don't have children and there will be no claims for settlement.

Really appreciate the fact that you both have handled your predicament really well. This is exactly what mature people should be doing especially since both  the partners are well educated & aware of their roles and responsibilities in their relationship.

When any relationship turns sour and reaches the point of no return, its prudent to part amicably instead of extravagant displays of ego & show of strength by filing false cases etc. which will only leave both the sides hurt and depressed and in addition make both lose huge amount of time & money!

Wishing you the very best life has to offer & may you find happiness atleast in your subsequent endeavour!

Thank you for your wishes, wishing you All the Best in your future too!!

It is the discretion of the court to waive the 6 months to 18 months period to dissolve the marriage as per sec.13 B (2) of HMAct. Supreme Court of India and Karnataka High Court and other high courts have many times held that, if the marriage is irritrieably broken-down, the petition may be allowed.  Go through the attachment. 

I am unable to view the attachment, thank you for your response..