Get rid of 6 months cooling period

here is an other link which says the same

https://www.dnaindia.com/mumbai/report_high-court-waives-cooling-off-period_1352203

https://articles.timesofindia.indiatimes.com/2008-02-16/india/27758624_1_mutual-consent-divorce-cases-manyata

These artical say HC can waive cooling period. But some says only SC has power.

swathi,

this order is of feb 2010.. 

but in march 2010. SC order for 6 month mendatory in every case, do before SC order , courts gave div without 6 month... but after march 2010... 6 month is must

im also in same.. i filed div in 2006,, she didnt agree..  and now we filed 1st motion 2 back, waiting another 4 month

Hi Rahul,

Did you also convert contested divorce petition to a mutual.

Hi Rahul,

 ofcourse you have  contested divorce petition to a mutual. but did you pray court for waiving of cooling period

we argu very strong with judge.. he is saying he dont hv power,, go to SC//  only sc cab give using u/s 142

If an MCD is filed directly waiving of cooling period is not possible.  As a contested divorce petition is being converted to MCD the court may consider and there are precedents.  I had given you the case law also in the other thread.

chanrdasekhar,

please give me the case law and presedence, where court waive off 6 month in these matter,

Pls see the attachment..
Judgment from SC

Can someone explain me about the orders. in waving of 6 month period

@Rahul.  At present law is settled that no cooling period is allowed if MCD is filed.  Earlier HCs have considered cooling period as directory not mandatory and hence they have given judgments waiving off cooling period.  But the law declared by SC court later is binding.  Hence waive off of cooling period is not available under MCD.  However my view is that this is not a case of direct filing of MCD the contested divorce is being amended under O.6, R.17 of CPC into a mutual consent divorce.  As some contest had already taken place, this is not the situation envisaged by SC in that judgment where law is settled that cooling period cannot be waived off by Courts.  Hence court may consider waiving off the cooling period as it is not an MCD filed directly.  And it makes no sense converting a contested divorce into MCD if one of the parties is given liberty to withdraw before second motion.  It is also settled law that one of the parties to MCD can withdraw before second motion at will.  So I feel it makes sense whenever contested divorce is converted through amendment of pleadings under O.6 R.17 CPC, the cooling period should be waived off. 

Dhanjit Vadra vs Smt. Beena Vadra on 30 January, 1990 of Delhi HC.