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vs (na)     16 April 2010

mutual divorce- query

we have agreed for mutual divorce and we have filled the same in family court and the court has given october 15th as the date for ordering the same. The court is also stating that as per supreme court any mutual divorce petition has to wait for minimum 6 months for the order to be passed.But we got married in january 2008 and my wife left me in september 2008 and she has been living in her parents so far. It has been more then 1 and a half year that we have been sepretaed now.cant the court order mutual divorce based on the sepration period?is it necessary for all mutual divorce petitions to wait for 6 months?Is there any way we could get the divorce orders before that pls suggest..citiation from the supreme court will be of great help.


 2 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     16 April 2010

you should have filed an application for waiver of six months period stating that you couples are already living separately for the past one year and the six months period separation not required

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