Filed for mutual consent divorce, date of hearing 7 months l

The six months period is assigned as the cooling period henceforth date after 7 months given in this case. If there is no compromise between both parties and still both want divorce , the court will grant divorce and draw decree of divorce so that they both move ahead independently in their life.

The parties can seek condonation of six months period by moving application in the district family court on the ground of exceptional circumstances exists so the 6 months cooling period may be waved off and the motion for divorce be taken up immediately.The court has discreation to allow the application if there exist actual circumstances which need to be considered for early hearing of the divorce petition.

But Sir as per my understanding the cooling period is between first and 2nd hearing. In my case, the first hearing date itself has ben given after 7 months of filing. Will I again have to wait a further 6 months after waiting these 7 months

Hi Sir

Are courts not following the Supreme Court guidelines to waive off 6 months cooling off period ordered last year?

https://www.thehindu.com/news/national/6-month-cooling-period-for-granting-divorce-can-be-waived-sc/article19672148.ece

https://www.business-standard.com/article/current-affairs/mutual-consent-6-month-cooling-off-period-not-mandatory-for-divorce-sc-117091300048_1.html

https://timesofindia.indiatimes.com/india/sc-waives-six-months-wait-for-divorce-under-hindu-marriage-act/articleshow/60482423.cms

If both the parties are agreed then what would stop the court to waive off this period?

No in some courts like District Court Alipore Kolkata etc. The motion of divorce takes place directly after 6 months of filling the joint divorce by mutual consent petition by parties, so must be in your case too. First motion and second motion process in MCD is carried out in district court like Delhi, Gurgaon, Chandigarh etc.

No in some courts like District Court Alipore Kolkata etc. The motion of divorce takes place directly after 6 months of filling the joint divorce by mutual consent petition by parties, so must be in your case too. First motion and second motion process in MCD is carried out in district court like Delhi, Gurgaon, Chandigarh etc.

Rahul Choudhary Sir, The said waiver of 6 months is only applicable if the couple have been separated for a minimum of 18months. In my case it has just been a year of separation, hence may not be applicable

Vijay Raj Sir Thank you for your response. I hope what you said applies to my case as I do not want to wait another year to get the divorce.

Check this with your local counsel/local advocate where your divorce case has been filled. I'm not your counsel in the case so I can only provide general information here.

I am also of the view that it is only the Supreme Court in exercise of its extra ordinary power can waive the cooling off period in exceptional cases only, and not by the High Court or the District courts, unless the law has been amended. If District courts can waived this cooling off period, under which provisions it exercised that jurisdictions?

Waiving of cooling period power's have been assigned by the Supreme Court of India to District Family Courts in exceptional cases, check for Amardeep Singh v Harveen Kaur , Civil Appeal 11158 of 2017 and revise your knowledge.

Thank you very much for up dating me.

Relate your matter…and pick up relevant points :

https://www.lawyersclubindia.com/articles/6-months-Cooling-Waiting-Period-for-Divorce-under-Hindu-Law-is-Not-Mandatory--8461.asp?utm_source=article_mailer&utm_medium=email&utm_campaign=article_followup

The similar query has been dicussed in many threads and many judgments have been cited and shared before the said judgment was pronounced by Apex Court......

The litigant need to highlight valid grounds....

 

I have red some of the judgments like Smt. Sureshta Devi, Ashok Hura and Anil Kumar Jain etc, and now Amardeep Singh, with super stracture court, through the kind courtesy of adv Vijay Raj Mahajan, and I am of the view that it is now time to fill up this lacuna by Legislations.