Waiver of 6 months in mcd

No you have to compleate  6 month. Now it is mandatory .

Under Section 13-B of the Hindu Marriage Act of 1950, the parties can seek divorce by mutual consent by filing a petition before the court. After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months where after the party has to again approach the court for making a second motion confirming the mutual consent earlier given in the petitioner filed by them. It is only after this second motion is made that a decree of the divorce is granted by the court. During this period of 6 months when the petition is pending , any of the spouse is fully entitled to withdraw the mutual consent. In such an eventuality no divorce decree can granted by the court. The consent can be withdrawn during this period of 6 months by either of the spouse, by filing an application before the court stating that he/she does not wish to seek divorce by mutual consent. The court is bound under such circumstances not to grant a decree of divorce. There is no option available to the other party to such circumstances except to file a normal petition for divorce under the provisions of the Section 13 of the Hindu Marriage Act, 1950 . In such a situation divorce can be granted only on certain specified grounds as mentioned in the said provision . These grounds include cruelty; desertion; voluntary s*xual inter-course with another person; the other spouse being of unsound mind; conversion of religion by the other spouse; Leprosy; venereal disease; a spouse having renounced the world or being missing for a period of more than 7 years.

As per the existing law, waiver is not possible.

Only SC can do that under its powers under Constitution of India..

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

No the waiver of 6 months is not possible for MC divorce. Even if you try approaching SC for waiver its not confirmed that it would be granted and you would waste 3-4 months in the process.

And a lot of money too, SC advocates do charge heafty ammounts

6 months is calculated from when? the day 1st motion was filed/ or the day 1st motion was heard and statements recorded or the day when the court gave its order on 1st motion.

I filed 1st motion on 30th oct 2011, it was heard and statement recorded on 1st nov, on 22nd nov the court okayed the 1st motion.

Now when can i file the 2nd motion

From the day first motion was heard and statements were recorded.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com