Divorce

vinod kumar (Querist) 02 January 2010 This query is : Resolved
Sir,

I want to know if decree is given immediately after the completion of six months mandatory separation period or can divorce be given before completion of statutory 6 months period as i am in my 4 th month of statutory period

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subhash kumar (Expert) 02 January 2010
dear, only supreme court of india has power to condone the statutory period of six months under article 142 and neither district court nor high court have the power , if you want to get the divorce before six months approach the supreme court of india Judgement: Anil Kumar Jain vs Maya Devi decided on 1.9.2009 in appeal no 5592/2009

Raj Kumar Makkad (Expert) 02 January 2010
I do agree with Subhash.

adv. rajeev ( rajoo ) (Expert) 02 January 2010
In our court it is happened that in mutual divorce petition without waiting for the 6 months mandatory period divorce has been granted. To get within six months you have move an application.

Devajyoti Barman (Expert) 02 January 2010
Different High Courts have got different views. The Delhi High Court, Calcutta High Court has precedents to waive the intervening period of six months.

niranjan (Expert) 02 January 2010
I agree with Rajeev.

Sachin Bhatia (Expert) 02 January 2010
Different High Courts have got different views on this issue.

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