Hema (xyz) 10 April 2010

Waiver of 6 months in MCD

Dear Lawyers

. My divorce case is on for the past 3 yrs. Now the opposite party has come for compromise and they want the case to be withdrawn and to file a fresh mutual consent case. My lawyer says that waiver of 6 months will not be available for mutual consent divorce. She say that the Mumbai high court order which came recently is just an observation and it cannot the cited to get waiver. Is this correct? What can be done to get the waiver?

Regards

Hema V

Reply Follow

6 Replies

Suryanarayana Tangirala (Advocate) 11 April 2010

Yes a Petition under O.23 rule 3 for recording compromise and passing divorce decree as per trems of compromise is possible,as rightly adviced by Mr.Prabhakar

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 11 April 2010

You said a case for divorce is already pending.

Then as rightly advised, the respondent can express his consent for grant of divorce, i.e. submitting to decree

or you both can file compromise agreement.

Hema (xyz) 11 April 2010

Thanks for the reply. A joint memo is filed in the lok adalat that as it is decided to file mutual consent divorce the existing case which is pending for 3 years is withdrawn. now what should be done to get the waiver. there is no chance for reconciliation and the marriage lasted only for 2 months.

Regards

Hema

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 12 April 2010

Have you withdrawn the pending case?

Kiran Kumar (Lawyer) 12 April 2010

since in a latest judgment Hon'ble SC says only SC has power to waive off the 6 months period, so after proceeding for divorce by way of mutual consent, approach SC giving all facts and other details in order to get the 6 months period waived off.

the title of the judgment is Anil Kumar Jain vs. Maya Jain.