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Jam (No jobs)     17 September 2012

Mutual divorce period

Hi, Few days back, we have filed mutual divorce in Pune,Maharashtra. Now, as per default procedure, it says 6 months is minimum time to get divorce.

But, we (me and my wife) were not staying together for past 2 years and really dont want to waste 6 more months. Can we appeal to court to reduce this timeline? 

What should be the procedure for the same and under what section such provision is made?

Your guidance in this matter will be highly appreciated.



Learning

 8 Replies

Tajobsindia (Senior Partner )     18 September 2012

1. Not possible may be bit late.
2. Only
Hon'ble Apex Court has now such powers.

OR question the very Hon'ble SC whether it is mandatory or procedural as question of Law and create a precedent for all others as that question was un-answered the last time three Bench tried sitting on it.

By the time your appeal reaches Bench at SC 6 months cooling phase will be over.  Hence take some sort of "gap 
sabbatical" say to Nasik and enjoy the wine yards there and then comeback fresh and get over with MCD. 

1 Like

Jam (No jobs)     18 September 2012

Thanks for your reply sir, Plz tell me one more thing, Do they grant divorve after appeal before 6 months only in contested divorce?

One of the cases which I read on internet said that they were granted divorce in less than six months? Is it mandatory only in mutual divorce to stay parted for 6 months and then decision comes?

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     18 September 2012

I endorse Ld.Brother TAJob's view. However would like him to clarify "quesstion the very Hon'ble SC whether it is mandatory or procedural as question of Law and create a precedent for all others as that question was un-answered the last time three Bench tried sitting on it.
 

Ranee....... (NA)     18 September 2012

 

Section 14(1) in The Hindu Marriage Act, 1955
(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, 1[ unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage: Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in. that behalf, allow a petition to be presented 1[ before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the 1[ expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the 1[ expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed.
I have read in LCI before that 6month can be avoided in case of exceptional hardship.
waiting for details by experts.
thanks.

MADURAI LAWYER (LEGAL CONSULTANT)     18 September 2012

The Supreme Court has held that the six-month cooling period Under Section 13 B of the Hindu Marriage Act should not come in the way of allowing the plea for dissolution of marriage by mutual consent when it has broken down irretrievably.

 

https://jeevaganadvocate.com/contact.php

E.Mail: info@jeevaganadvocate.com
Mobile: + 91 98421 97857 and +91 98428 16527
 

JANAK RAJ VATSA (ADVOCATE)     18 September 2012

it is only under exceptional circumstances where the marriage has broken down irretrievably and the court is conviced of the same that no useful purpose would be served by the continuity of the relationship

Tajobsindia (Senior Partner )     19 September 2012

 

Originally posted by : Adv. Bharat Chugh

 

XXX  However would like him to clarify "quesstion the very Hon'ble SC whether it is mandatory or procedural as question of Law and create a precedent for all others as that question was un-answered the last time three Bench tried sitting on it. 

 

Dear Ld. Brother Bharat,

Short and sweet way kindly read down my earlier shared Igyan on asked clarification question asked to me by your good self which I believe is still not answered by Hon'ble Apex Court as in ref. case the parties already got divorced and the then Three Lordship Bench thought not to take it even s
uo motu for posterity  L

My earlier discussion link is placed here for your kind perusal and suggestion if any -

https://www.lawyersclubindia.com/forum/6-months-waiting-in-Mutual-Divorce-discretionary-r-Mandatory-35747.asp

PS;
I’m sorry it took me a while to recall my own Igyan, happens when too many blades rolling on once head as you know ......J

Rajesh Kulkarni (Advocate)     22 September 2012

Mr. JAM you need not express your personal delay as "Default Procedure" its the law, its the procedure which has to be strictly followed with. I do agree with my brother counsels but knocking the door of Hon'ble Supreme Court may not fetch you because its your personal grevience that you feel harder to bear with your spouse but not harder to the extent of damage to your or that of your spouse' life....... 6 months is mandatory and not jst getting mutual divorce is done you deem to declare to relinquish all your marital rights even to the extent of claiming maintenacne in future


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