divorce by mutual consent
attenuator
(Querist) 22 March 2010
This query is : Resolved
Dear Experts,
Me and my wife have been living separately for more than a year and therefore have decided to file a petition for divorce by mutual consent. I have a couple of simple queries in this regard and would appreciate your valuable inputs so that the entire process goes hassle free!
1. In which circumstances could the second motion petition for divorce by mutual consent be filed before the mandatory 6 month period ? I ask this as both the parties are firm on their decision to part and there is no scope for reconciliation at all!
2. Normally what's the time gap between the second motion petition and the actual receiving of the divorce decree, is it on the same day or does it take a few days ?
3. Can a petition still be withdrawn by either party after the second motion petition and cases filed against the other ?
Many thanks in advance
Guest
(Expert) 22 March 2010
1.Earlier the court used to grant exemption of six months period, if both are living separately for a pretty long period. Now, after jain's case delivered by S.C., the trial court is not granting exemption.
2. Either it is on the same day or one or two days thereafter, depending upon the judge. In Delhi, it is given on the same day.
3. After second motion statements are recorded, there will be no scope of withdrawing the consent, because, the decree would be given immediately or one day thereafter.
Raj Kumar Makkad
(Expert) 22 March 2010
If the marriage has practically broken down and both are young persons then court can waive the period of 6 months as second motion and can grant a decree of divorce on the same day of first motion. There are various citations in support of this action.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 22 March 2010
Dear Author,
A period of 6 months is mandatory to file the 2nd Motion, earlier we could condone this period by filing an application buit as per the recent judgement of Hon'ble SC, that 6 months' statutory period is mandatory, no court has power to condone the same besides the Hon'ble SC.
