TrkpeTrk 23 April 2017

No cool off period if divorce is converted to mutual consent

HI I had filed filed divorce 6 months ago....My wife now is ready for mutual consent and we will be converting the existing divorce into Mutual consent divorce..Can the cooling off period be waived off as original divorce petition was filed 6 months ago...Any judgements supporting this ?

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7 Replies

Sachin (N.A) 23 April 2017

No six month cooling period cannot be waived off.

TrkpeTrk 23 April 2017

i had heard of a judgement where since the divorce was converted the period was waived off

Sachin (N.A) 23 April 2017

Only SC can waive off this cooling off period.

Kumar Doab (FIN) 23 April 2017

Agreed.

Let a very able local counsel/law firm of unshakable repute and integrity specializing in family matters counsel you and draft your agreement to defend your long term interest.

Kumar Doab (FIN) 23 April 2017

If you have copy or link to said judgment pls post.

A walk alone (-) 24 April 2017

Only SC has power to waived off six months cooling period. But going SC for this matter is only wastage of time and money. You will file petition in SC it may possible when it comes to hear your six months cooling period automatically waived off. Better wait for six months

sai narayana 26 April 2017

By amending your existing petition which should be more than 6 months old, then the cool off period can be waived. There is no doubt in it. Case law: https://indiankanoon.org/doc/86098651/

If the existing case is less than 6 months, then Supreme Court only can help you.