kiran 12 February 2015

Mutual consent divorce time period/contesting

Dear all,

I got married in December 2012 in gujarat. Me and husband were living together in chennai for the past 2 years. Since November 2014 I left To my home town stating some family function and decided not to come back. Later i made excuses of not joining the matrimonial life due to the below reasons.

1. Husband is diabetic

2. Husband is not romantic

3. I don't like to stay in chennai

4. Husband is ill treating and doesn't trust wife.

Finally I told that I doesn't want to live with my husband as there is no mutual understanding between us. If we continue to live together we both will suffer and eventually our family will suffer. I wanted divorce on these grounds. I also threatened and blackmailed my husband that if He force me to come back then i will commit suicide. My husband and in laws made all efforts to reconcile but I have made up my mind not to continue.

Later her on my relatives suggested to go for divorce by mutual consent. We both agreed together and filed 13(b) petition. No maintenance were agreed. We agreed to exchange the gold given by each party.

We we both hired same lawyer. He informed us that we will get the divorce decree within one month of filing the divorce.

Query:

1. Is it possible to get the divorce decree in 1 month? I have come across many other thread in this forum stating 6 months cooling period. In what cases the cooling period is waived off.

2. Can the husband deny the mutual consent in front of judge in the first hearing stating it's not free consent but consent by force?

regards

Kiran...

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5 Replies

saravanan s (legal advisor) 12 February 2015

after six months (cooling period) the first motion petition is brought in the court and after one year the second motion petition would be brought about.

the cooling off period cannot be waived off

yes your husband can refuse for mutual consent anytime during the proceeding and in that case the court after looking into the validity of the objections raised can turn it into a contested divorce

Jayashree Hariharan (Advocate) 12 February 2015

6 months is the cooling period and in sixth month there wl be mediation. and then judgement in a few days or same day. totally max 8 to 1 years including cooling period.

cooling period is waived if threat to life irrevocable circumstances high instances of violence, etc.

oh yes he has the option.

Adv k . mahesh (advocate) 12 February 2015

if divorce petition is already running and both parties are fed up with hearing and agree a final decree can go for mutual consent divorce and you can file jointly with reference of your divorce petition also and request to waive off the cooling period of 6 months as already since long you both are contesting and now want divorce by mutual

he can say no after coming to court also

kiran 12 February 2015

Thank you all for your replies.

In the MCD petition I have mentioned that I will withdraw the section 125 case and same has been done. But my husband haven't withdrawn the section 9 RCR case against me.

Do I have to be present in chennai for section 9 RCR case? What are the options for me to file cases against my husband?

saravanan s (legal advisor) 16 February 2015

Even if you dont appear at the time of proceeding rcr will be passed exparte.but no court can compel you to abide by the judgement.if you dont honour the judgement after a year it would lead to divorce.so even if your husband withdraws mcd and turns it to a contested one rcr decree will help u