Mutual consent

No such amendment till today. It is a proposed amendment, the bill is not yet passed by the parliament so as to become a law.  Currently the 6m waiting period is mandatory.

Thanks you Maadam.

What is the easiest way to process it without too much issues?

The Andhra Pradesh High Court in K. Om Prakash v. K. Nalini , has held that the prescripttion of six months period is not mandatory and it is only directory in nature and that was the consistent view taken by various High Courts, including the Karnataka High Court in Roopa Reddy v. Prabhakar Reddy AIR 1994 Karnataka 12 and the Gujarat High Court in D.H. Garasia v. N. Mansu . Likewise, the Kerala High Court in Sreelatha v. Deepthy Kumar at 98 has held that in appropriate case the period of six months can be waived by the Court. 7. I am in respectful agreement with the consistent views taken by various High Courts. It is no doubt true that there is an obligation on the part of the Courts to make last minute efforts to save the marriage at any cost. It is only with that view in mind, the law makers have fixed the period of six months, so as to enable the parties to come together for mutual settlement instead of mutual divorce. But, in cases, where there is no possibility of re-union, especially after the divorce by mutual consent process has been adopted, which is by way of liberalised process, the facts of each and every case has to be considered and it is always open to the Court to decide about the waiver of the period of six months. Therefore, the view taken by the learned Subordinate Judge that the requirement of six months period as mandatory and cannot be waived by placing reliance on Section 13-B(2) of the Act, is not legally sustainable. As correctly pointed out by the learned Counsel for the petitioners, if this Section viz., 13-B(2) of the Act is read as mandatory, then the very purpose of liberalised concept of divorce by mutual consent will be frustrated, especially when the parties have lived separately and there was no chance of re-union. (K. Thiruvengadam And C. Shilaja vs Nil on 24 October, 2007 Equivalent citations: AIR 2008 Mad 76 Author: P Jyothimani Bench: P Jyothimani)

As per the settled law as on today, six months cooling period is mandatory and it cannot be waived by any court except by the hon'ble Supreme Court exercising its inherence jurisdiction under Art. 136, in the deserving cases.  The reduction of six months period at the option of the parties is laid down in the proposed amendment bill, which yet to be passed by the parliament. 

Agreed.

Thanks lot for your esteemed viewpoints.

Is there is anyone whom to contact for help with the procedure?

Some help needed from respected counsel / advocate in Mumbai. Plss provide the contact detials.

Need help. here is my case details.

1. in 2003 my husband filed a case to dissolution of marriage on groung of cruelty. got ex parte decree and i made it set aside

2. i filed 498 on him in 2006.

3. in 2008 court has dismissed his divorce petition and granted maintenance

4. after that he when to high court. case is pending.  court orderd  for appearance on may 14th of 2012. then i said i am ready wt divorce but want  my articals which are wt him. them  judge said how mush u want for settlement and i said 20 lakhs. he said he don't have money to give. judge ask him ti ask his father and tell the amount which he can give. and postponted to this month 4th.

5. this time his  lawyer argued and said his client  don't hav any money. and judge about to postpone to  next month . but in between

6.  i was frustrated and said i donot need any money and pls grant me divorce. then judge asked us to come up wt MOU.

7. in MOU thr hav written that i have to close all the cases.

- if i sign in it will i get any problem?

- will i get divorcy on that same day. are should we reapply for mutual divorce.

- if we go for mutual divorce how to get ride of 6 months cooling period?

 

Sorry, I am new this fourm. instead of posting Qustion, I posted Here.

What will happen to ur articles which u were demanding back???.............was it a real issue or hypothetical??

Anyways

>> MCD will be applied afresh, minimum 6 months period to get divorce

>> No quick relief in cooling-off period, only SC has power to grant less period.

rajiv

can any one tell , how far can i rely on this

https://www.divorcelawyerindia.com/updates/compromising-couples-can-get-quick-divorce.html

I have similar query liek Mr. Rishi.

Is there anyone esteemed on this website who can help us through the application process?

Someone please reply to my above query. I need to hire some esteemed Lawyer urgently.