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Bedomita Deb (Advocate)     20 June 2011

Divorce

The parties married under the Special Marriage Act in the year 1999. Now both parties have agreed to go for divorce on mutual consent but they do not want to wait for the mandatory period of 6 months as they feel that its a case of irretrieviable breakdown of marraige. Moreover the husband being nearly 25years younger than the wife who is now around 65 years of age and both feels that since their is no chance of their reunion the husband should not be kept waiting as he is still of marriageable age and they have no issues out of this wedding. Since the case will be in the lower court and as per provision of 13B only SC can waieve this period i would be very thankful if i can get some suggestion how to tackle this issue so that the decree can be passed immediately and the husband can get the relief in the process. The wife is also ready to give in writting her statement in the court that she has no objection if immediate decree of divorce is granted to them. Kindly advice.

Bedomita.
 



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 1 Replies

Tajobsindia (Senior Partner )     20 June 2011

@ Author

1
. Which STATE these couples are from ?

2. Wait till 17-07-2011 when three Lordship Bench at Apex Court is going to give verdict on 6 months waiting period is mandatory or not as this question of Law was supposed to be listed on 10-11-2010 but got just posted for above NDOH !


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