mutual consent divorce
KANDE VENKATESH GUPTA
(Querist) 07 July 2009
This query is : Resolved
When the couple wanted to get their marriage dissolved by mutual consent, is it necessary to wait for six months after filing an application for mutual consent divorce application u/s 13-B of H.M.Act. Is there is any Judgment of the Hon'ble Supreme Court or any other high court in this regard opining that the divorce can be granted even before expiry of six months by referring the case to lok adalat etc.,
RAJENDRAN K.M. 09443050520
(Expert) 07 July 2009
Not necessary for waiting 6 months, u rightly moved to lok adalath.At the same time u also file M.C.case in criminal court and examined both of them and record the same reason and also fix one timelife settlement amount,then reffer to LA and got orders for both case.
n.k.sarin
(Expert) 07 July 2009
Mr Gupta,wait for six month is a mandatory provision of section 13-B of H.M.Act.there are many judgment in which court ignore the said mandatory provision and divorce granted before expiry of six month but hon supreme court overruled the said ruling.
Kiran Kumar
(Expert) 07 July 2009
pls check
Smt. Swati Verma v/s Rajan Verma 2004 (1) SCC 123 and
AIR 1987 (P&H) 191
these judgments will be of some use to u.
a.manoharan
(Expert) 07 July 2009
Dear Mr. Gupta,
i do not know the judgements mentioned by Mr. Kiran Kumar, but, there is one judgement passed in Rajastan HC. Thanks for Mr.Kiran Kumar for posting some useful judgements
G. ARAVINTHAN
(Expert) 08 July 2009
you can file a waiver application to waive 6 months period along with a clause for permanent alimony in the mutual consent application
adv. rajeev ( rajoo )
(Expert) 08 July 2009
When u have filed a consent divorce need not to wait for 6 months. Move the petition to Lok adalat there you will get the order. IN our court(Karnataka-GADAG) in the LOk Adalat so many cases are settled.
Swami Sadashiva Brahmendra Sar
(Expert) 08 July 2009
In my opinion, 6 months waiting period is a general rule and not absolute one. It is directory. It is remarkable that the same clause provides for maximum period of 18 for passing the decree. If it is mandatory, what will be legal consequences when decree is not passes within 18 months from presentation of petition? It can not be said that one part of same clause imposing restriction on parties is mandatory and the other casting duty on the court is directory. Therefore the court has powers to relax the minimum waiting period in special circumstances.
Swami Sadashiva Brahmendra Sar
(Expert) 08 July 2009
The Delhi high court in dhanjeet udra v beena udra AIR 1990 Del 146 held that waiting period is mere formalities and upon satisfaction, and it can be waived upon satisfaction of the court.
KANDE VENKATESH GUPTA
(Querist) 10 July 2009
Thanks Mr.Rajendran, Sareen, Kiran, Manoharan, Ganesh, Rajeev and Thripathi for your prompt response and help.
