How to waive of 6 months cooling period required for 13(b)2

Originally posted by : ys_peace
	Hello All, If husband and wife have decided to go for mutual consent u/s 13(B)(1) of HMA. There is already more than 2.5 years of separation. However, both parties want to waive of the 6 months duration required in between 1st motion and 2nd motion as per HMA 13(B)2 as per the latest SC judgment. Kindly please let me know how it can be done. 1. Should we mention about waiving of the cooling period in MCD petition itself? (shall we mention the latest Supreme court judgment on it?, I came across this judgment- Amardeep Singh vs Harvin Kaur, Supreme court, Sept. 2017) 2. Or shall we orally pray to Judge about waiving off the cooling period? Thanks in advance

Sir before filing second motion I would suggest you to please file waiver application in the concerned court. and in that application please refer all the condition which are required for waiving of 6 months period.  can also refer to the judgment you are talking about it will help you. After getting an order of waiver immediately file the second motion.

If you still need a Draft application for waiving of the period then plz contact me

Thanks,

Regards,

Aman Chawla

@ Adv. Kamakshi, I am not a fool as you are thinking.

My wife filed 498A, 406 and DV cases which are currently running since last 2 years.  Now, we both have agreed to end this battle as per the mediation done by judge herself. 

I haven't filed Sec 9 of HMA neither I sent any legal notice to her before.

As your matter is old.  Same day your matter sent to mediation center and reported back as MEDIATION FAILED.  After this you need to wait till court gives order for divorce.  You can apply for divorce decree in separate application by paying requisite fees usually charged by your advocate which will include his fees.  There is no need for citation and waiving off in your case.  Waiving off of 6 months is needed for people whose marriage is 1 day old, 1 month old or is less than 1 year old.  Not for people like you whose marriage is old plus wife filed false cases on  husband.  All terms conditions of mutual divorce should include taking back of cases by wife, no asking alimony in future etc. 

You will have to file seperate application for waiver of 6 months stating the facts and circumstance of your case. You can refer the authorities mentioned above. Court may after considering the application may pass order for waiver of 6 months.

sir, like to know iwhether application for waiver of 6 months period, is to be made jointly ?