Regarding mcd

The Case law for waving 6 months cooling period in MCD is being attached here for you. The problem with most judges and advocates practicing in district court that they don't refresh their knowledge with latest case laws of the Supreme Court and the High Courts.

Your advocate should have moved application for waving the 6 months cooling period rather telling the principal judge of the Family Court about all this and referred the Supreme Court case law in this regard. Waiving of 6 months period is under the discretionary power of the Family Court judge which will be applied for giving relief in exceptional cases if there exists reasonable ground to do so. This what required to be mentioned in the application by your advocate.

When junior, inexperienced advocates whom people like you engage for lesser fee you get such result, and here in such forums you look for free legal advice from senior, experienced advocates.

Respected sir,

My lawyer is not a junior and same apex court judgment we have refered to the judge but instead of accepting this judgment he said that i have read the jugment and said that it is for the supreme court only

so i asked for the judgements relay up on this apex court jugment

Tell your advocate to file application for waving 6 months period. Judge will have pass order on the application either he will agree or reject application, after that only some thing can be done. As far which courts have relied on this judgment, many Family Courts in India have but as there no reported judgments published in this regard you won't get it.

After first motion is allowed by Court, an application needs to be moved before Court for waiving off cooling period. The Judge will decide whether to waive cooling period or not. If it is waived then you can file second motion after you get the order otherwise you will have to wait for 6 months. Please don't be in confusion regarding this.