Waiver of six months waiting period in mutual divorce case

You need to file an application before the court to wave-off the cooling off period refering said judgement.

In the case titled Amardeep Singh vs. Harveen Kaur the Supreme Court has laid down that the court may waive off 6 months waiting period under HMA. It is not a new law but a very old law which has now been reaffirmed by Supreme Court. But this judgement shall not have retrospective effect so in your case if the trial court has already ordered for 6 months period then this judgement should not be of any help. Sidharth 9811776422

This is new and specific judgment and allowed for old cases also.

The parties are now at liberty to move the concerned court for fresh consideration in the light of this order. The appeal is disposed of accordingly.

   …………………………………..J. (ADARSH KUMAR GOEL) …………………………………..J. (UDAY UMESH LAL     NEW DELHI;               SEPTEMBER 12, 2017.

file an application for waiver of cooling period through your advocate by take on.

You seem to have NO pending issues  and seem to have settled all issues.

Request the Family Court........ 

The judgment is:

Amardeep Singh …Appellant Versus Harveen Kaur …Respondent

REPORTABLE IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 11158 OF 2017 (Arising out of Special Leave Petition (Civil)No. 20184 of 2017)

…………………………………..J. (ADARSH KUMAR GOEL)

…………………………………..J. (UDAY UMESH LALIT)

NEW DELHI;

SEPTEMBER 12, 2017.

https://supremecourtofindia.nic.in/supremecourt/2017/22782/22782_2017_Judgement_12-Sep-2017.pdf

https://indiankanoon.org/doc/79830357/

Amardeep Singh …Appellant Versus Harveen Kaur …Respondent

 

18. Applying the above to the present situation, we are of the view that where the Court dealing with a matter is satisfied that a case is made out to waive the statutory period under Section 13B(2), it can do so after considering the following :

i) the statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year under Section 13B(1) of separation of parties is already over before the first motion itself;

ii) all efforts for mediation/conciliation including efforts in terms of Order XXXIIA Rule 3 CPC/Section 23(2) of the Act/Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts;

iii) the parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties;

iv) the waiting period will only prolong their agony.

Dear Members,

Does anyone have witnessed petition for waiver of 6 months of statutory period, citing the above judgement, being accepted by any court? My lawyer has specified that no such petition has been filed in Tis Hazari court as of now as a result we cannot how Family Court judge will respond to the same.

Regards,

Me and my wife are also going to file petition for Mutual Consent Divorce and we certianly dont want to wait for 6 months. Shall i know if this new change is implemented across all trial courts. I heard from someone that this rule is not yet implemented. Someone has filed review petition against the same. I dont know if it is rumour or reality

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