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Nisha (Accts)     27 January 2015

Fast divorce and cooling off period

Dear Sir/Madam,


I have been staying seperate for 3 years and now i want to file case for divorce. Can i get relief from 6 months period (section 13B of Act) ?? Also please let me know the procedure for filing the case. There has been NO contact between boy and girl and also between both the families. this will be first initiative by me for divorce. Also there are no chances for reconciliation. Please let me know how can this can be done as fast as possible.

Thanks



Learning

 7 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     27 January 2015

U can file. Time after 1yr since marriage + 6 months waiting period

namaste   28 January 2015

such urgency is obiviously ur personal matter.
in spl. case, time period may b considered bt consult ur lawyer whether ur case come in tht bracket or nt.

Adv k . mahesh (advocate)     28 January 2015

no contact since 3 years long period

first consult a local lawyer at your place and explain whole story and about your intention of cooling period and will be considered because what is the reason you have not mentioned in your query so by your personal visit your chosen lawyer will explain the facts

Samir N (General Queries) (Business)     28 January 2015

All the above answers are valid but here is a dose of reality:  There is no such thing as a fast divorce in India especially if the other party does not want to get divorced.   Based upon the limited facts given by you, the best legal basis for you to get divorce will be on desertion provided that you can prove that he deserted you or that he made life such a hell for you that it was impossible for you to live with him. 


When you file for divorce, the other party will have a natural reaction to oppose it even if he wants the same. Therefore, before you approach the Courts, approach the other party through an intermediary and see if something can be worked out to mutual satisfaction in terms of getting a mutual consent divorce. Courts should be avoided and advocates even more so.  However, divorce is an ugly beast and you will ultimately need both, even if the two parties come to an agreement on a mutual consent divorce.  

namaste   28 January 2015

@ samir,
like to add.
provided there is no false allegation.
nw a dys it seems it is a mandatory for false allegation, mind u false allegation.
tht prompt other to defy and counter in same manner.
assume u also experienced it.

saravanan s (legal advisor)     29 January 2015

you both must have lived seperately for a year before filing the pettion ander 13b.you both have to jointly file a first motion petition in the court praying for mcd..the six months period is the cooling period and you both have to appear before the court after six months again and file the second motion petition after which the court will give you divorce

T. Kalaiselvan, Advocate (Advocate)     30 January 2015

Living separately for 3 years or more will not entitle to the benefit of waiving the cooling off period.  Moreover the six months waiting period is applicable only when the divorce petition is filed on the grounds of MCD and not on regular grounds.  If the divorce case is filed by you alone against her, you may have to undergo the regular ordeal of court proceedings as envisaged.


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