Free legal Advice - lawyers Forum

Legal service India => Divorce Laws => Topic started by: Raja1980 on March 05, 2018, 11:19:20 PM

Title: Six months cooling off period for divorce by mutual consent
Post by: Raja1980 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,
Title: Re: Six months cooling off period for divorce by mutual consent
Post by: advjaibansal 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,
Title: Re: Six months cooling off period for divorce by mutual consent
Post by: kalaskarkk 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/
Title: Re: Six months cooling off period for divorce by mutual consent
Post by: advmisthi 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.
Title: Re: Six months cooling off period for divorce by mutual consent
Post by: advjaibansal 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,