LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mayank (PM)     20 August 2012

Six months waiving in mutual consent divorce

Can any one help me in providing supreme Court or Gujrat high court judgment for waiving off or condoning six months cooling period in mutual consent divorce.

 

thanks & regards

 

vinay kumar



Learning

 3 Replies

Yogesh Anand (Head- Legal AVP)     20 August 2012

There cannot be a ruling against law except a view expressed by supreme court,  on given facts causing hardship to parties, but it cannot be applied on all cases.  Hence even if supreme court has waived the six month period in given circumstances it cannot be applied  uniformally in all cases.

Arvind Singh Chauhan (advocate)     20 August 2012

I agree with Mr. Yogesh. Such power of waiving is only with Supreme court under Article 142 Of Constitution but should be exercised sparingly, Unless amendment is brought by parliament in HM act.

                           Plz find the attachment


Attached File : 118124320 no waiver of 6 month downloaded: 237 times

R.K Nanda (Advocate)     21 August 2012

Six months periog is mandatory and it cannot be waived. No such rulings of SC.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register