divorce by mutual consent

Only three possibilites now available are:-
1. If parties are same to a divorce petition and compromise has been recorded then no need to wait for 6 months. (By interpreting the correct position of few selected wordings of S. 13 B).
2. If parties are same to a divorce petition and compromise has been recorded and they have been not living togther as husband and wife from last 1 year then no need to wait for 6 months. (By showing ratio of State HC decisions where in recent months waiving has been done post Jain judgement of SC)
3. If parties are same to a divorce petition and they have entered into compromise and they have not been living together for more than 1 years then they can file as joint petitioners a MC petition and if Trial Court does not waive of 6 months cooling period then directly approach SC (By showing the Jain Citations seek MC Divroce).
4. All above 3 possibilities have been discussed by ld. friends here in past 2 months to understand how it could be done now, please search older posts of Feb. '10 onwards to understand better.
ATB.
Rgds.

Couple living separately and contested proceedings  for over 6 months seek divorce  by mutual consent not to be insisted for 6 months cooling off period -High Court of Bombay

I do agree with the views of my Ld. Friends. U can contact me for further queries on 9871158578

Dear ArunKumar ji,

6months waiting period cannot be waved in S.13B petition filed for Divorce under Hindu Marrriage Act,

Also one cannot approach Supreme Court Directly much less for waiver of six months waiting Period.Please verify Law and Legal Proposition before advising

Hon'ble Supremecourt only has powers to waive six months waiting Period U/Art.132 and Hon'ble Apex court in one recent Judgment stated that no other court can waive six months waiting period

My humble request from the senior lawyers is to please advice me and the prospectus of my case pending before the hon`ble supreme court of india:

> I got married in Feb 1995,out of the wedlock two children a girl and a boy were born.I am working as Sr.Engineer in Govt deptt.Due to unavoidable circumstances marriage could not last despite my best efforts.She is working in a govt deptt. as a teacher.I filed a petition U/S 13 HM act in Matrimonial court for divorce after her final desertion from the matrimonial home, leaving behind daughter age 6.5 years and son age 3.5 years with me and my ailing aged mother in 4/2002.During the pendency of petition in Matrimonial court u/s 13 filed by me in 6/2002(she didn`t file objections).after the reconciliation efforts failed,she approached me in January 2004 ,and proposed for moving a joint petition u/s 15 HM act for mutual consent with some of her conditions viz.alimony,property and custody of the children.On this a lawyer was consulted of her choice and a joint petition submitted in the court of distt.judge matrimonial ,who after examining both the petitioners,recorded statements in the court.Wife wanted the distt court to refer the case to Lok Adalat for immediate settlement as she wanted money/alimony and property.On the joint request of both ,the hon`ble judge after recording the statements on 21-1-2004 ,referred the case to Lok adalat,The case was listed on 27-1-2004 befeore the Lok Adalat comprising of the three judges of the rank of Principal and Session Judge and two other distt judges.
>
> Statements of both the parties recorded in the Lok Adalat,wife preferred alimony of Rs.4.00 lacs,share in my house,Did not prefer the custody of two minor children.Alimony was paid by me in cash before the court.
>
> Order was passed by the court and decree of divorce by mutual consent awarded.children to remain under care and custody of father only ordered by the court as mother had refused custody.
>
> After the settlement ,taking alimony,share,etc.having an after thought plan after 6-7 months filed a petition in Hon`ble High court against the Lok adalat decision.
>
> The writ/appeal was admitted in the High court and the decree awarded by the Lok adalat stayed on 8th.Oct 2004.And again the sinle judge after hearing the case in Oct 2005,passed the judgement after one year i.e in on 30th Oct 2006,and allowed the appeal/writ and refered back the matter to matrimonial court.Agrieved by the decision of the Sinle Judge of Hon`ble High Court,filed an appeal before te division bench f Hon`ble High court in Nov.2006. Division bench of Hon`ble High Court deliverd its judgement in my favour, thus dissmissing the writ petition nad held that
> "It was contended that the public policy of giving anopportunity to rethink, as contained in sub-section 2 of Section 15 of the Jammu and Kashmir Hindu Marriage  Act, 1980, would be defeated if the decree passed by Lok Adalat is not interfered with. It is true that sub25 section 2 of Section 15 of the Act contains a public policy hereby and under it grants time of at least six  months to the parties to rethink the consent given bythem for dissolution of their marriage, but a person,who did not wait for the time given for such  rethinking, cannot be permitted to turn around and contend that he should be permitted to rethink after having had concluded the matter at his/her own volition.
> It was contended that the said decree was  obtained by fraud, coercion and intimidation. There wasno scope to prove the same in a writ petition. For that, it was obligatory on the part of the petitionerrespondent to approach Lok Adalat.   
>      For the reasons as above, we set aside the judgment and order under appeal and dismiss the writ petition."
> After this my ex has filed SLP in the Hon`ble Supreme court. and the case has been listed for more than 5 times and next date has been fixed for Nov 2010.
>  Kindly let me know the prospectus of my case
> As:-
> i. we are staying separately for the last 8 years.
>
> ii. Both the children are with me,as am the sole guardian as directed by the court.They are with me since 4/2002 and never been to mother.produced in the court before division bench and they refused to go with mother. How can i get justice plz advise soon.
>
> iii.I have been suffering badly on this account, as our case is not being taken seriously by the Lawyers of both the sides as the case is pending in the Supreme court for the last more than one year.
> The worst sufferers are the children in our case.Their mother is also not serious about their future,rather she have been filling ill feelings in the minds of kids as and when she meets them in their respective boarding schools.she have creating scenes/drama in the schools,and forcibly tries to meet n snatch the children in front of all of their school mates,teachers and staff, resulting the kids are embarrassed, feel insulted and disturbed thus adversaly affecting their studies/future.
> thanks