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Abhi . ( .)     18 June 2010

Divorce by mutual consent before 6 months waiting period

I have been married for 6 years now and me and my wife have been living separately for more than two years now. We have decided to get separated legally as well and look for own separate life. I hear that there is a waiting period of 6 months even for mutual petitions. Is there a way to waive off the waiting period?



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 3 Replies

Legal Fighter (Advocate)     18 June 2010

There is no way to waive of this cooling period of 6 months,

Abhi . ( .)     22 June 2010

Thanks for providing your feedback. We have been living separately for almost three years now and we have decided that we need to look at our own ways and even the settlement amounts are also done. Now I dont understand why should we wait for another six months to get the legal separation.

The settlement amounts were done through the court though the case was just a money petition and our divorce petition has been now attached with the money petition. The judge has closed the money petition after the settlement but however has given us a date 6 months later for the divorce petition. In a case where the settlement amount has also happened through the court, should we still wait for 6 months?


(Guest)

You can approach Hon'ble Supreme Court to cool off 6 months waiting period.

https://www.deccanchronicle.com/national/divorce-consent-waiting-period-sc-197


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