Waiver/minimisation of cooling off period
Kalyan Ghosh
(Querist) 29 May 2013
This query is : Resolved
Respected Sir,
Whether cooling off period of 6 months in mutually consented divorce case can be minimised/waived .What I know is Only Supreme Court(No Lower Courts) can do so under the powers given to it by Art.142.of the constitution.
But in one of your blogs it is written that
Amith is correct, however with new proposed amendment bill, the contested divorce which are later converted into MCD, can avail 6 months cooling off period waived.
The writer is Msk-need -nuetral- laws
WHAT IS MCD and WHAT IS THE PROCEDURE
With thanks
Adv Archana Deshmukh
(Expert) 29 May 2013
No such amendment is passed till today, so currently the 6 months waiting period is mandatory.
ajay sethi
(Expert) 29 May 2013
no such amendments have been passed by Parliament .
R.K Nanda
(Expert) 29 May 2013
agree with experts.
Devajyoti Barman
(Expert) 29 May 2013
In that case the supreme court under Article 142 waived the six months time. You can t your luck from supreme only.
Raj Kumar Makkad
(Expert) 29 May 2013
Still the cooling period is 6 months but let us wait for the new law to come.
