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Vishal (Team Lead)     06 March 2018

Mutual divorce settlement

Hello experts,

How much time is needed to get the separation sanctioned in case of mutual agreement by both the parties?

Is their a provision or a way to expedite or cut down on the six months tenure?

Thanks,
Vg


 3 Replies

Subash M R (Advocate)     06 March 2018

On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to and not later than eighteen months after the said date,if the petition is not withdrawn in the meantime, the court shall,on being satisfied,after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnised and that the averments in the petition  are true, pass a decree of divorce declaring the marriage to be dissolved with affect from the date of the decree.

Only Supreme Court has the power to curtail the statutory period of six months.

Thanking you,   

Das Rohit   07 March 2018

I want to marry Pls help me

Adv Radhika Mehta (Advocate)     07 March 2018

There has been a recent judgment of the Supreme Court which holds that the cooling-off period is not mandatory but directory in nature i.e. to say that it is the discretion of the Court. It lays down that for the 6 months to be waived off there has to be minimum 1.5 years seperation, all compliance has to be carried out, all efforts at reconcilation should have failed etc. However, till date, the Courts are not too keen to waive off the cooling period except under exceptional circumstances. 


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