Mutual Divorce

Himadri (Querist) 08 January 2011 This query is : Resolved
Sir,
We are separated over a year. Now we are going to file for mutual divorce before court. Shall we have to wait for another six months to get the divorce?

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Adv Archana Deshmukh (Expert) 08 January 2011
Yes, there is a six months waiting period for attempts of reconciliation.

Advocate Bhartesh goyal (Expert) 08 January 2011
Yes,You have to wait for six months it is mandatory for reconciliation.

Arun Kumar Bhagat (Expert) 08 January 2011
After filing of petition,six months cooling period to elapse.

Kirti Kar Tripathi (Expert) 08 January 2011
yes, six month is statutory period for reconsideration of decision.

Guest (Expert) 08 January 2011
YOU MAY FILE THE MUTUAL CONCENT DIVORCE PETITION IN THE COURT AND PRAY AS PER YOU WISH.LET COURT DECIDE WITH REFERENCE TO THE SAID LAW PROVISIONS.GOOD LUCK.

Amit Minocha (Expert) 09 January 2011
First motion can be filed immediately. II motion to come after 6 months before the Court.

Vijayendra Navale (Expert) 09 January 2011
I will go with experts.

Gulshan Tanwar (Expert) 09 January 2011
There is a Supreme Court ruling that six months delay must be observed as Marriage is an institution and may be there might be some love again and that might help the parties to reconcile and though some Advocates are practising by filing S.151 CPC for bringing second motion without following the statutory period which is against the law as by invoking s.151 CPC, it shows that there is no procedure to be followed which is illegal as well as invalid. Hence six months statutory period had to be waited for second motion to come into effect.

Abhishek Marvi (Expert) 12 January 2011
EVERY EXPERT IS RIGHT

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