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venu kaveti   26 June 2015

Mutual consent divorce

Dear, Me and my wife are living separatly from past 1 and half year, now we wantg to go for Divorce with mutual understanding, is there ANY possiblity to get as early in 3 months time.



Learning

 6 Replies

LegalFighter (test)     26 June 2015

Legally 6 months of reconciliation period is mandatory I trust.

shashikant bhardwaj (content writer)     26 June 2015

I agree with tamilinian

 

saravanan s (legal advisor)     26 June 2015

no not possible.6 months compulsory cooling off period from time of filing petition (only sc can waive cooling off period under extraordinary circumstances).by 6th month first motion and in another 6 months second motion during which divorce would be granted

LegalFighter (test)     30 June 2015

I heard(through my lawyer) a recent judgement from maharashtra HC say  If the couple are separated for a long time, 6 months of reconciliation period can be waived off.But again I am not sure how this citation will help your case since southern courts will not follow/accept Maharastra HC judgements.

 

My lawyer had tried with this citation offline to the judge in my personnel case @ Coimbatore,TamilNadu.Judge didnt accept this and she asked me for similar citations from Chennai HC.

 

May be any experts can throw light on the same.

Adv k . mahesh (advocate)     30 June 2015

the mumbai high court has gave the order of waiving off the cooling period of 6 months after going through the family court order in as the couple who filed a divorce case and which was run totally 3 years and the couple vexed and requested the court to consider their petition for mutual consent divorce and also consider to waive off the cooling off period as their divorce petition was since 3 years and high court had considered

here the queriest has not given his details why he separated from his wife and any cases are pending

Adv. Chandrasekhar (Advocate)     30 June 2015

Mumbai HC judgment is wrong in view of the S.C. dictum that only S.C. has got the right to waive off the cooling period under Art. 142 of COI.  Six months wait is mandatory. 


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