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TANAJI JAMDADE (LAWYER)     04 July 2024

Six months period wave issue?

Sir, my one query as reagards dissolution of marriage by mutual consent. The husband and wife live seperatly one year lapsed. So the 13 B petition is likely to file before family court. Both party decided to dissolve the marriage. The party seeks to 6 months period may kindly wave for divorce decree. So whether court grant the relief of 6 months period wave at the timing of filing petition?

Any case law or explain in detail your views?

 



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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     04 July 2024

First you file the petition and get it numbered by the concerned court.

After that, after a week or 10 days you can file a petition to advance the hearing, an application to waive the cooling off period and also be prepared to produce the evidence to enable you to file the same if the court allows the waiver petition

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TANAJI JAMDADE (LAWYER)     04 July 2024

THANKS SIR 

 

T. Kalaiselvan, Advocate (Advocate)     04 July 2024

You are welcome  .....

Advocate Bhartesh goyal (advocate)     04 July 2024

The S.C has ruled that 6 month period is not mandatory and can be waved where there is no possibilities of parties resuming  cohabitation and there are chances of alternative rehabilitation. Pp

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