Divorce in Mutual Consent Under Special Marriage Act

If u'v actualy filed Divorce ptin in Feb ..U must get dree of divorce by now....If u didnt then you have no way out bt to wait 4 6 month after filng ene mokal....keh ke meatng ma javanuche mutual divorce pitin... ...There's Hon'bl Supreem Court direction that only Suprem Court have right to waiv 6 months waitng pition...

Madam / Sir,

What if in the case where both the wife & husband did not lived together for a single day and no consumation the reconciliation case filed by the husband was dragged for more than 3 years by the wife?

Where is the guarantee that the same wife will not drag the MCD case also for 18 months even after signing the petition

Is there any provision for the husband to get relaxation OR waiving of 06 months if MCD is filed as reconciliation case was also dragged for > 3years and no consumation at all.

MCD is nothing but clearly shows that BOTH ARE NOT INTERESTED and LOT OF TIME PASSED AWAY. Then why again 6 more months?

If so then won't it be a problem for persons with over ageing already & chances of conceiving for children which is BASIC RIGHT of the marriage is get delayed more?

If the marriage is old enough, no cooling off period is required. Your marriage seems to be older than one years or so. You may press for an early decree. When the marriage is no consummated,  you have to prove that fact in the court and get divorce on that fact alone.

Dear Natalie D'souza,

6 Months waiver in divorce by mutual consent Section 13 B

1) 6 months period can be waived by the Court, see below Judgments.

2) Any party can withdraw Consent for Mutual Divorce anytime giving reasons of non-settlement...

3) If its a mutual consent divorce then she cannot claim further unless there is a kid involved...

4) There are no certain forms, hire a lawyer services and he will prepare joint petition which will be signed by both the petitioners and he will file the suit...

5) The joint petition will include every clause both the parties wanted...basically, no one interferes in other's life after divorce unless both the parties decide to mingle

1.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.5952 OF 2009
(@ SPECIAL LEAVE PETITION (CIVIL)NO.14361 OF 2007)

Anil Kumar Jain … Appellant
Vs.
Maya Jain …Respondent

2. IN THE HIGH COURT OF DELHI AT NEW DELHI+ CM (MAIN) NO.10/2010
Date of Decision: January 07, 2010

MUKESH ASHOK GUNDECHA & ANR. ..Petitioners Through: Mr. T.P.S. Kang, Adv.with Ms. Prerna Mehta,Mr. M.M. Alam, Advocates. versus

GOVT. OF NCT OF DELHI .. Respondent Through: Mr. Shoaib Haider for Mr. N.Waziri, Standing Counsel.

CORAM: HON’BLE MS. JUSTICE ARUNA SURESH

3.  Dhiren Harilal Garasia Vs.Mansualiasmina chimanlal Dang