Court holidays in kolkata

Hi Mridula,

Click on this link to know about the holidays at the High Court, Calcutta: https://calcuttahighcourt.nic.in/calender.htm

Thanks Jyo. Excuse my ignorance, but do the High Court holidays translate to holidays in the district and Family courts in Kolkata?

The High Court Holidays are independent of the District Court and Family Court holidays. Though certain dates like the 'Doshomi' or Dassera falling on Thursday, 6th October shall be a holiday in the lower courts too.

Usually the bank holidays are common with the court holidays (Lower Courts + the High Court).

Thanks Jyo - btw is it possible to quash the 6 months waiting period (in between the first and second motions) by quoting CPC u/c 151? If the husband and wife have already been living separately for a year, isnt there any way to reduce the 6 month waiting period - as it just adds insult to injury.

CPC Section 151 deals with the inherent powers of Court. The 6 mth waiting period may/may not be reduced depending upon the circumstances of the case.

In mutual consent divorce matters the 6 mth waiting period cannot not reduced since this time frame is a must for both parties giving them time to reconsider their decision. Secondly, both parties will have to undergo minimum 3 counselling sessions at the Court which will extend over this 6 month period. The Indian Courts believe in the institution of marriage. The time frame of 6 months is the minimum period after which a divorce decree can be granted.

Living separately for a year before filing for mutual divorce will not reduce the 6 month mandatory period of waiting.

Thanks Jyo - have just been advised the following. Can you pls confirm:

a) My husband and I first need to file the petition in the family court. We will get a reference number, and a court hearing date six months from the date of filing the petition. This I believe is the first motion hearing.

b) Both myself and my husband will then need to appear in front of the judge, and give our consent to dissolving the marriage. During this first motion hearing, the judge decides whether to pass the decree of divorce. Generally, the divorce decree is passed. Depending on the judge's discretion, he may give us an additional month time as a cooling off period - this is the second motion hearing date.

c) If an additional month is provided, then once again both husband and wife need to reappear and give their joint consent. After which a divorce decree is definately passed.

Please confirm if this is indeed true. Maybe you can shed light on the actual breakdown of this mutual consent process - especially the time frame from filing of the petiton to the first motion and second motion hearing.

Thanks.

No Mridula, your understanding is wrong

1. You file for Mutual Consent Divorce, it is listed for a date (Normally 1-3 days depending upon court working)

2. On that day, you both appear and give consent for mutual divorce, first motion happens that day itself, a fresh date after six months is given

3. On that day, you both appear and second motion happens.

4. You collect the decree of divorce after couple of days

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com