Lord Ganesha (service) 30 March 2015

6 months time limit in mutual divorce

Respected Experts

Kindly advice me and tell me the factual position about the minimum time limit of 6 months for mutual divorce . . . I have been told that now 6 months limit in case of mutual divorce has been done away and it has been left to the discreation of the judge who will decide on the basis of the facts of the case.

Is it true ???

Thanking you in advance . . .

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3 Replies

Rajesh Kulkarni (Advocate) 31 March 2015

First of all, there is noting factual n all.

Law is rigid, if you (wife/husband) have filed your evidence after 6 months of MD petition, court ll consider and pass necessary orders

Rajesh Kulkarni

Suneet Gupta (www.vashiadvocates.com) 01 April 2015

The Time Limit of 06 months is prescribed by Statute and is not at the discretion of the Civil Judge. Therefore a Civil Judge cannot modify the 06 months time limit in any case.

However, in exceptional circumstances, the High Court acting in the interests of Justice and under it Writ jurisdiction, can override the 06 months period to prevent undue suffering to the petitioners. This can only be done if the husband and wife file a Writ Petition in the High Court asking for relief under Art 226 of the Constitution.

Please note that the relaxation of 06 months time limit can be provided only by the High Courts or by the Supreme Courts, and cannot be provided by the lower Family Courts or Civil Courts.