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Mahabir (Manager)     23 July 2016

Divorce with mutual consent

One of my relative married in December 2015. Due to adjustmennt problem both parties desires mutual Divorce u/s 13B of Hindu Marriage Act. The Lawyers advice to wait till December (One year time requirement to file the petition) & thereafter another  minimum 6 months for decree. Both parties are determined for divorce and came on conclusion with marathon social meetings. Both parties are anxious for immediate or earliest seperation decree. One of my Lawyer freind adviced that Court has powers to condon the requirement of minimum 1 year's time but not able to guide with legal authority. Perhaps The Hon'ble Supreme Court has also ruled in this manner. Secondly I heard That The hon'ble Supreme Court in this month itself has waived the requirement of minimum 6 months too for decree in mutually consented joint application. The matter relates to Uttar Pradesh & SC or Allahabad High Court Rulings might have direct effect. I shall be obliged if anyone can guide me with legal provisions / Rullings on this issue for earliest possible divorce decree.-

MP Bidasaria



Learning

 2 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     24 July 2016

Sir, 

 

I am doing the same case in SC, yes SC has the power to waive off the cooling period as provided in the legislature. Please call to discuss. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

Vibha   24 July 2016

  1. SC can waive of cooling period in case of exceptional circumstances.
  2. Retain a lawyer who has experience with such cases. A good lawyer can help you make adequate grounds to get appropriate relief from Supreme Court.

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