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Daffodils ( )     03 October 2012

Mutual divorce

Dear Learned Members


I'm filing for a mutual divorce through family court. She was living abroad and it took me 2 years to serve summons and to bring her to India. Later we both agreed to part mutually. I'm filing 1st motion shortly. Also I'm paying her some money as well. I have a doubt that she ll not come to india for 2nd motion after taking the money now. How to make her to ensure legally that she ll come after 6 months for 2nd motion.


Also we are staying seperate for 3+ years and can this be a reason for waving of the cooling period? Also she is living abroad and has aquired a citizenship of a foreign country and surrendered the indian passport. Can this be a reason to wave off the cooling period?

THank you all in advance for your reply.


 3 Replies

rahul (director)     03 October 2012

whatever money u r giving to her as divorce settelment,, you submit the bank draft in court on first motion and dont give to her on 1st motion,, and ,, only 50% or less u deposit in court on 1st motion,, and put a condition, that she will get this amount and along with remaning 50% after recording her statment in 2nd motion after 6 month,,,

if she didnt turnup.. then atleast your money is with court.. not with her..

Daffodils ( )     03 October 2012

Thank you Mr Rahul for your time and reply.

Is there any possibility to wave off the cooling period if we jointly pray to the court?

Sanjeev (Lawyer)     03 October 2012

Generally the courts do not wave off the cooling period and this power is exercised by Supreme court because there is no clear direction issued to the local courts. You can still give it a try,

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