Divorce --mandatory period

Querist : Anonymous (Querist) 19 December 2011 This query is : Resolved
Due to harassment my sister filed complained under Domestic violence act and also lodged 498A in 2007. Settlement efforts were made on our behalf and even my sister gone to live separately with her husband, but life was not settled as her husband was having relation with other girl.
Now both the parties agreed for divorce with one time payment of lifetime alimony to my sister and for boy having age of 5 years.

Can we avoid 6 months mandatory period in family court for divorce ? or is there any other way to end relationship i.e. mutual divorce before notary and later on to register the same.

They are living saperately since 2007.

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Nadeem Qureshi (Expert) 19 December 2011
DEAR,
If you are ready for MCD than dont waste your time filing MCD, file a divorce petition u/s 30 of HMA before the court and serve the summon on the other party. The other party prepare his/her WS and file before the H'ble court on the first date and take a short date for argument.on that date both the parties finish their argument than the matter will be fixed for the judgement.The total time for all the proceeding is 6-8 month.

feel free to call

V R SHROFF (Expert) 19 December 2011
For MCD , both have to wait for six months,

You can go for 13(1) to get quick Divorce.

kusum gupta (Expert) 19 December 2011
if both are ready for divorce then better go for mutual divorce as oither means of separation will not be legal.
kusum gupta advocate

ajay sethi (Expert) 19 December 2011
you have waited for nearly 5 years . you can easily wait for 6 to 9 months more after filing for divorce . dont take short cuts

Raj Kumar Makkad (Expert) 19 December 2011
There is no short cut. Both shall have to file mutual divorce petition. Their statements shall be got recorded and they shall be given a period of 6 months to come again and if both parties again make similar statements then the desired decree shall be passed. There is no harm to wait for this period.

So far as payment of alimony is concerned, generally about 1/2 share of agreed amount is paid to wife at the time of filing the petition and rest of the amount is provided prior to making second statement.

prabhakar singh (Expert) 20 December 2011
Yes!experts have rightly opined.

Shonee Kapoor (Expert) 20 December 2011
Only SC can waive this mandatory period now.

However, if the prior standing petition for divorce is converted to MCD, and such divorce petition is pending for more than six months and excluding the mandatory period of ONE YEAR seperation before filing of such divorce petition the court can waive this statutory period itself.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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