Sudhakar (Manager) 19 October 2011

Mutual consent divorce - time for filing and first motion

Im filing for mutual consent divorce. From advocates I understand this to be 3 step process a) File the divorce petition b) First hearing - where you declare before judge c) Second hearing - after 6 months. However Im getting contradicting info on time gap between (a) and (b). Some say, this can be done in same while other say it may get a week or more.

Can good lawyer practicing in Alandur (Chennai) or Chennai high court comment on this.

[Note: Ive planned for abroad-work-related travel next week. Need to know if I should cancel if (b) takes longer time]

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7 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 19 October 2011

With the latest ruling of Supreme Court given in Dec 2010, the six months mandatory cool-off period can not be waived by any other court than SC itself under powers conferred to it under Article 142 of Indian Constitution.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 20 October 2011

Dear Mr. Sudhakar

Mr. kapoor is right

Sudhakar (Manager) 20 October 2011

Thanks for your reply, but my question is not on second motion which I'm ok with 6 months gap.

My question is that are there time gap between filing and first motion or does this happen in same day. Does this differ from court to court? (I'm looking for Chennai)

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 20 October 2011

It can happen same day or next day.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

tanmay (project manager) 05 April 2012

what about ghaziabad court? will it happen on same day???

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 05 April 2012

Next day.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Satish Mishra 07 March 2017

Usually in most of the courts, once the case is filed for MCD (Mutual Consent Divorce), the case is listed for the next day but now a days many ecourts give this provision of taking up cases if filed before a certain time of the day, though it is rare. Once the first motion is passed, parties have to appear before the court after the expiry of 6 months period for second motion until the completion of 18 months. If they don't appear, the petition gets dismissed.