Case law on divorce by mutual consent
Pooja Kalyani
(Querist) 08 July 2011
This query is : Resolved
Please suggest some caselaws where it has been ruled that the waiting period of 6 months for divorce by mutual consent can be foregone.
Ravikant Soni
(Expert) 08 July 2011
latest supreme court decisions are contrary to this fact.
s.subramanian
(Expert) 08 July 2011
Now it is well settled by the decision of the Supreme Court of India that no other court in India excepting the Supreme Court of India has the power to dispense with the mandatory period of six months in the cases of consent divorce.
PALNITKAR V.V.
(Expert) 09 July 2011
Yes. No court except SC can waive the waiting period of Six months. So one has to wait for Six months compulsorily unless he can afford to go to SC.
Kiran Kumar
(Expert) 09 July 2011
A bench headed by Hon'ble D.K Jain, J. has referred this matter to larger bench of SC with a question to be considered that Whether SC can condone this statutory period of 6 months exercising its powers under Art. 142 of the Constitution of India.
A judgment immediate prior said only SC can condone this statutory period of 6 months.
So, for the time being neither HC nor Trial court can condone this period.
