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siva (nil)     27 September 2012

Divoce easiyer

Cabinet approved in marriage laws, divorce made easier at may 2012 .Is this Published in the Gazzette of India



Learning

 7 Replies

siva (nil)     27 September 2012

 

 
A three-judge Bench of the Supreme Court will decide
whether a decree of divorce by mutual consent can be granted without
waiting for the statutory period of six months as contemplated under
Section 13-B (2) of the Hindu Marriage Act. The court has to exercise
its power of  under Article 142 in this recent judgiment.Case no is
CIVIL APPEAL NO.5946 OF 2012((Arising out of SLP(C)No.21084 of 2012.
.The Honorable Court  recommended to  uses appropriate cases also.
 
 
i have separated more than 3 year and also completed three
months cooling period of mutual divorce case. if any chance,
 will i get any chance for  metual divoce before six month colling period?

Rajan Bhasin (Law Student)     27 September 2012

No. Till the time SC will hear your case another three months will be over.

Better wait for more 3 months

siva (nil)     28 September 2012

 

Cabinet approved in marriage laws, divorce made easier at may 2012 .Is this Published in the Gazzette of India
 
Wat is the staus ?

Tajobsindia (Senior Partner )     28 September 2012

 

Originally posted by : siva

 

Cabinet approved in marriage laws, divorce made easier at may 2012 .Is this Published in the Gazzette of India
Wat is the staus ?

 

1. Clink below link to see reply to above query

https://www.lawyersclubindia.com/forum/Divovce-easiyer-66938.asp


Originally posted by : siva

 

A three-judge Bench of the Supreme Court will decide whether a decree of divorce by mutual consent can be granted without waiting for the statutory period of six months as contemplated under Section 13-B (2) of the Hindu Marriage Act. The court has to exercise its power of  under Article 142 in this recent judgiment.Case no is CIVIL APPEAL NO.5946 OF 2012((Arising out of SLP(C)No.21084 of 2012.
The Honorable Court recommended to uses appropriate cases also. 

i have separated more than 3 year and also completed three months cooling period of mutual divorce case. if any chance,  will i get any chance for  metual divoce before six month colling period?

 


2.
Click below link to see reply on your above quote "A three-judge Bench of the Supreme Court will decide whether a decree of divorce by mutual consent can be granted without waiting for the statutory period of six months as contemplated under Section 13-B (2) of the Hindu Marriage Act" 

https://www.lawyersclubindia.com/forum/6-months-waiting-in-Mutual-Divorce-discretionary-r-Mandatory-35747.asp [Scroll down this link and read at leisure last order dated 23rd. Aug. 2011 where SC didnot decide on decision whether 6 months cooling period is mandatory or discretionary]

3.  Now while replying to your next quote 
"The court has to exercise its power of  under Article 142 in this recent judgiment. Case no is CIVIL APPEAL NO.5946 OF 2012 Arising out of SLP(C)No.21084 of 2012.The Honorable Court recommended to uses appropriate cases also" as in full text link https://indiankanoon.org/doc/143529957/  it was a case of "only crying baby gets milk" under Art. 142 COI and thus 6 month waiving period was waived off for the parties.

In my opinion you very cleverly mixed your first quote with next quote
(which are appropriately indexed in different text colors by me) and asked us a collecctive generic question in large para format, hope above para 2 and para 3 replies wherein I differentiated your large para into two parts clarifies two different positions coming out from your two different quoted queries but looking at it as if you are asking us one single query which was not your case at hand J

However if your side could have worked real fast by approaching SC then you may too have made mercy cry before the Bench just like Para 3 parties did to give them mercy under Art. 142 COI and para 3 is a very recent Judgment of the Bench which continues this time with a much softer stand of the Bench than SC's earlier stands (
that only SC has power under Art. 142 COI to give decree to couple waiving 6 months cooling period; one needs to recall their earlier stand to udnerstand what I just said
)
J

siva (nil)     28 September 2012

i have not lawyer .How to perpare advanced pettion on metual divoce  based resent jugjement of 142 aricle ? 

Tajobsindia (Senior Partner )     28 September 2012

Originally posted by : siva
  i have not lawyer .How to perpare advanced pettion on metual divoce  based resent jugjement of 142 aricle ?   

"advance petition"

Where ?

Trail Court or HC or before SC !

 1. Appoint one fast if central theme is Art. 142 COI as argument on Constitution matters are not layman's cup of cheese cake. Reason being there is a method to be followed to seek such mercy relief from Hon'ble Bench.

But, you are already too late (when you say and I quote you "my 3 months cooling period already over" and probably your SC facts will end up as in para 2 above. Do read para 2 link once again.

siva (nil)     28 September 2012

 

My mutual divorce is case in family court. not in hc and suprem court. i have separated more than 3 year and also completed three months cooling period of mutual divorce case. .i have no lawyer in mutual divorce case  .How to prepare advanced pettion on metual divoce  based resent judgement of 142 aricle ?  i need good advance petion to convice the court for easily divoce( skip 6 month cooling period ) . Wat are point added to the pettion , i need good fomat.

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