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Author Topic: Six months cooling off period for divorce by mutual consent  (Read 682 times)

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Offline Raja1980

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Six months cooling off period for divorce by mutual consent
« on: March 05, 2018, 11:19:20 PM »
Dear experts,

As we know that six months cooling off period for divorce by mutual consent under section 13B of Hindu marriage act can be waived as per the latest judgement by the Supreme court last year.

My questions are,

1) Is it applicable for section 28 of special marriage act if both the parties are Hindu by religion?
2) If yes then what is maximum time frame to get divorce under the latest Supreme court judgement on divorce by mutual consent & what are the procedures to follow?

Need your opinion & suggestion please.


Thanks & Regards,

Offline advjaibansal

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Re: Six months cooling off period for divorce by mutual consent
« Reply #1 on: March 10, 2018, 03:42:27 AM »
Dear Sir,

It is applicable to all the cases ( under all the acts) where six months period is given from first motion to second motion. You may file application for waiver in special marriage act.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline kalaskarkk

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Re: Six months cooling off period for divorce by mutual consent
« Reply #2 on: June 04, 2018, 11:53:48 PM »
Dear Sir,

As per following judgment of Supreme Court there is no need of any cooling period.

===========================================================================

Six Months Waiting Period In Section 13B(2) Of Hindu Marriage Act For Divorce By Mutual Consent Not Mandatory: SC [Read Judgment]...
http://www.livelaw.in/six-months-waiting-period-in-section-13b2-of-hindu-marriage-act-for-divorce-by-mutual-consent-not-mandatorysc-read-judgment/
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Kishan Dutt Kalaskar
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No.74, 1st Floor, “Disley”  House,
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Offline advmisthi

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Re: Six months cooling off period for divorce by mutual consent
« Reply #3 on: June 12, 2018, 12:00:06 AM »
Kindly note the supreme court judgment is not a statute.

To avail this option of waving off cooling period therefore is entirely a discretion of the court.

In Delhi to waive off the 6 months cooling period, a separate application has to be filed after the first motion.
than a date is given, if the judge feels that it is a fit case to waive off cooling period it does.

Normally if the husband and wife is staying away from each other for more than two years than judge waive off cooling period.

this is the actual story.

Supreme court judgement is NOT the Law.

the 6 months cooling period is still the law.
Adv.Misthi Mukherjee
I am here to help, Shoot your legal problem to me, I promise I will help

Offline advjaibansal

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Re: Six months cooling off period for divorce by mutual consent
« Reply #4 on: July 02, 2018, 01:26:40 AM »
yes, as per the judgment stated if you fulfil the criteria then your application for waiver off the six months waiting or cooling period can be waived. Courts are liberal but you have to show the reasons.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

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Re: Six months cooling off period for divorce by mutual consent
« Reply #4 on: July 02, 2018, 01:26:40 AM »

 

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