Regarding mutual divorce
vilas Damodar Vichare
(Querist) 03 October 2012
This query is : Resolved
maine divorce petition submit kiya hai 21st April 2011 ko abhi party mutual consent divorce keliye ready ho gayi hai.... ab vo petition mai mutual divorce me convert karanevala hu. Mutual divorce petition submit karane ke bad kya 6 months wait karana padega divorce keliye... ya vo 6 months period way of ho jayega... kyunki maine 21st April 2011 ko divorce petition submit kiya that or usiko ab mai concert kar raha hu Mutual Consent me to 6 months se jyada period ho jata hai na... please give me your suggestoin
Tajobsindia
(Expert) 03 October 2012
Different HCs’ have given contradictory views on your question. Hon’ble SC has not given any view to the best of my experience.
Some considered from date of filing divorce and thus waived off cooling period when divorce petition is “converted” now that into MCD whereas some say cooling off period not to be waived off.
Well no harm filling a separate application to waive off the same as your State’s HC will be in better position to clarify the same.
V R SHROFF
(Expert) 03 October 2012
You convert to 13B,
If your Main petition was pending for over 6 months, you can get Divorce order on the same day.
No need to wait for further 6 months.
Q:"Mutual divorce petition submit karane ke bad kya 6 months wait karana padega divorce keliye."
Ans: "Nahi. "
