6 months waiting period_divorce

Only SC can wave-off 6mth cooling period

Once the petition for divorce under “mutual consent” was filed, the parties have to wait for a six months period  

In the Anjana Kishore Vs Puneet Kishore case, a three-judge bench of the SC waived off the six month period for granting the decree of divorce by exercising its extraordinary powers under Article 142 of the Constitution.

 

Thereafter, a number of high courts and even matrimonial courts started granting divorce decrees without waiting for the mandatory period.subsequently, in the Anil Kumar Jain vs Maya Jain case, another three-judge bench opined that only the Supreme Court has the power to waive off the six month period and not the high courts.

 

YOu have to approach the Supreme Court and this can be done then 

 

Please be free to contact then we can discuss in details.

 

Advocate Ashok Yadav {B.M.S., LLB (Mumbai) LLM –London(UK),}

 

8898242424

 

Regards

Thank you Sachin for the above information. You are absolutely right.

No not necessarily. This 6 months to 18 months period is given when couple decide to live seperately and in ur case u are already living apart for last 3 years. Sop go aheaf

As per the section 13 B of The Hindu marriage ACt, 1955

13B. Divorce by mutual consent.

 

6 months period can be waived off as explained by mr. Sachin in special surcumstances.  there are number of judgements where you dont have to move to HC to seek directions. you can simply make submissions in the petition  and can rely upon the judements on this point.

By the time your case comes for hearing in SC with huge costs, the 6 months will complete :-)

If you can wait for 3 years then wait for six months is not a big deal. Dnt waste your money and time in going HC or SC. When your case will come for hearing in HC or SC, six months will compete. During these six months you can find someone else to remarry after divorce

You are lucky that you are getting this done mutually. I am also staying separate last 2 years. But no one wants neither to leave together not take a step to apply for divorce.

My consulting advocate says that if  you apply divorce the she will feel that you are in need and ask unreasonable amount for settlement so let her take the first step 

I am waiting last 2 years that i will give diorce only she ask.

 

Vivek,

Trying is better than sitting idle, as you can not regain your lost youthful days.