Can 6 months cooling period can be waved off when 125 was in the same court?
ram pawar
(Querist) 08 April 2014
This query is : Resolved
Hello
From last 2 yrs I’m fighting my crpc 125 case & DV case in another court (two cases… nether divorce not RCR ). 3 months back before final judgment in 125 case, Honorable Jude has asked both to go for settlement. After 20 minutes of negotiation, I agreed for 7 lakhs on final separation / divorce
We both have signed ‘Mutual pursy’ with full and final, with condition of 4 lakh on filing date of 13 B petition.
And rest 3 lakhs on last date, when the she will withdrawn DV and 125 case when I will submit second DD of 3 lakh.
As per decided I have submitted the first DD of 3 lakh on 10 March 14 and we both sign 13 B petition. Judge have given the date of 16 June 14 without saying anything .
I have not courage to ask judge about that What will happen on 16 June 14.
My new Lawyer told my that judge might be waved off 3 months as your 125 was in same case. I really wondered how Judge has reduce 6 months cooling period ?
Now my question is
1.What will happen on 16 June 14.?
2.Is it possible to waved of 6 months cooling period to 3 months ? even if not divorce or RCR case filed from either side?
3.Should I carry rest 3 lakh DD on the 16 June (after 3 months). Or I need to submit it after 6 months
4.What are the steps ? Fist withdrawn of 125 / DV ………………. then final signature on 13 B petition (second motion)……… or they will just took my 3 lakh DD and give me next date ?
5.What will happen if she not came to court on 16 June 2014.
Sirs / madam Please resolved me
ajay sethi
(Expert) 08 April 2014
if your wife does not come on next date court will grant another date .
check the roznama of court .it would give you an idea as to what may happen on next date .
6 months waiting period can be waived if you had filed for divorce/RCR and petition was pending in court for last 2 years . in such a case on conversion into divorce by mutual consent cooling period gets waived of .
most probably you will get another date .
ram pawar
(Querist) 08 April 2014
Thax Ajay Sir
But none of the Parties has filed for Divorce/ RCR.
But 13B case is also in the same court where 125 case is running since last 2 years.
My Lawyer told me that 125 case was running in the same court so you got the 3 months waved off.
Can it possible ?
Devajyoti Barman
(Expert) 09 April 2014
No court except supreme court has power to waive the six months cooling off period. 16th June date must have been given in connection with 125 case only. 13B case will fructify after six months form the date of filing only.
Devajyoti Barman
(Expert) 09 April 2014
No court except supreme court has power to waive the six months cooling off period. 16th June date must have been given in connection with 125 case only. 13B case will fructify after six months form the date of filing only.
ram pawar
(Querist) 09 April 2014
Whats is power under Article 142 ??
By this no need to wait for 6 months
Am'I wrong?
Please guide me
Also http://www.lawyersclubindia.com/forum/Mutual-divorce-without-6-months-cooling-period--56952.asp#.U0TssvmSz5I
and
http://indiankanoon.org/docfragment/447829/?formInput=anil%20kumar%20jain%20maya%20jain
Anil Kumar Jain vs Maya Jain on 1 September, 2009
Supreme Court of India Anil Kumar Jain vs Maya Jain on 1 September, 2009 Bench: Altamas Kabir, Cyriac Joseph Held: 1.1. This Court in Sureshta Devi* held that the consent given by the parties to the filing of a petition u/s. 13-B of the Hindu Marriage Act, 1955 for mutual divorce had to subsist till a decree was passed on the petition and that in the event either of the parties withdrew the consent before passing of the final decree, the petition u/s. 13-B would not survive and would have to be dismissed. [Para 8] [99-F-G] * Smt. Sureshta Devi vs. Om Prakash (1991) 2 SCC 25 SCR, relied on 1.2. Subsequently, however, in Ashok Hurra's** case, basing its decision on the doctrine of irretrievable break-down of marriage, the Court was of the view that no useful purpose would be served in prolonging the agony of the parties to a marriage which had broken down irretrievably and that the curtain had to be rung down at some stage. The decision in Ashok Hurra's case to invoke the power under Article 142 of the Constitution of India was, thereafter, followed
Chandrakala Menon (Mrs.) & Anr. vs. Vipin Menon (Capt.) & Anr. (1993) 2 SCC 6; Sandhya M. Khandelwal vs. Manoj K. Khandelwal (1998) 8 SCC 369; Anita Sabharwal vs. Anil Sabharwal (1997) 1 SCC 490; Kiran vs. Sharad Dutt (2000) 10 SCC 243; Anjana Kishore vs. Puneet Kishore (2002) 10 SCC 194; Swati Verma (Smt.) vs. Rajan Verma & amp; Ors. (2004) 1 SCC 123; Jimmy Sudarshan Purohit vs. Sudarshan Sharad Purohit (2005) 13 SCC 410 and Sanghamitra Ghosh vs. Kajal Kumar Ghose (2007) 2 SCC 220, referred to
Devajyoti Barman
(Expert) 09 April 2014
I have already advised. There is nothing to add more.
If know those cases then you are supposed to aware of Article 142 of constitution. If not then read book.
Rajendra K Goyal
(Expert) 11 April 2014
Well advised, nothing more required to add.
T. Kalaiselvan, Advocate
(Expert) 09 April 2014
