Divrce with MutualConsent
Querist :
Anonymous
(Querist) 30 October 2009
This query is : Resolved
In mutual consent divorce once a petition is filed court will put six months time to give divorce, is there any provision where this six months period will be shortened
H. S. Thukral
(Expert) 30 October 2009
Six months period can be dispensed with on application. Please look detail discussion in these column search Q&A or look experts queries dated 24th October.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 30 October 2009
Dear Author,
As per the recent judgment of Hon'ble SC, the 6 months of statutory not be waived now. Its a mandatory period.
H. S. Thukral
(Expert) 30 October 2009
Dear Ms. Rakhi
Please let me know the judgment which you are talking about. Is it the case of Smruti Pahariya ?
Shivasurya
(Expert) 30 October 2009
In mutual consent divorce normally once a petition is filed court will put six months time to give divorce. If you want divorce immediately, file an application with affidavit stating that the reasons for urgency. The most accepted reason for waiving 6 months period by courts is both or any one of the party to the case has got Visa for abroad for geting employment. While filing the urgency petition, you can file copy of the visa or appointment letter etc from the forein country
Ravi Arora
(Expert) 30 October 2009
Only in Delhi courts this procedure is adopted. But again this is a wrong procedure SIX months period is mandatory.
Raj Kumar Makkad
(Expert) 31 October 2009
Mr. Ravi! Please go through latest citation of SC 2009 vide which it has been ehld where there is no hope of re-union of couple/paties in dispute and their future propspects for remarriage shall adversely affect if they are directed to wait for further six months for passing the decree for divorce, in such cases period of six months may be condoned and they can be grated the decree of divorce under section 13 (b) of HM Act. Detailed discussion and citation has already been made on 24th Oct. 2009. Plz go through the views of experts expressed on that day.
Sachin Bhatia
(Expert) 31 October 2009
agree with Mr. Raj, Six months period can be waived .
Raj solanki
(Expert) 21 November 2009
as per the judgment of Hon'ble Supreme court 6 months period is mandatory, this rule has been laid down in the Judgment " ANIL KUMAR JAIN Vs MAYA JAIN 2009(4)C.C.S. 378(s.c.) and according to this judgement if any one want to take the divorce withing 6 months then you have to go supreme court for take the permission of waiving the period of 6 months.
Gulshan Tanwar
(Expert) 18 July 2010
Only SC has the power to condone the six months time period and others who are condoning it are making orders in the violation of the law and also this amounts to contempt of SC; anybody can file the contempt petition against the ADJ(HMA) in this regard, if the concern ADJ (HMA) violates the mandatory provision.
S.151 CPC, power is not overriding over the statutes instead it helps the statutes but in our judicial system everyone tries to do harm more against help :)
Sarvesh Kumar Sharma Advocate
(Expert) 30 October 2009
