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Can 6 months cooling off period be waived off in Mutual Divorce
20-Dec-2023 (In Divorce Law)
My husband has filed divorce case in udaipur in 2014 feb . We have been staying seperatly from 2013 jan . We have a 5 year old kid and my husband is ready to take the responsibility of him . The case has been filed in udaipur and we applied for a tranfer from supreme Court to our local court visakhapatnam andhra pradesh. Now the case is in Visakhapatnam. And we want to apply for mutual consent divorce at udaipur and understand if the 6 months cooling period can be waved off or not.
Its a minimum critiaria of 6 months for mutual divorce from the day you file Ur application. its too easy to file application at udaipur. For further details contact a lawyer for drafting a proper application.
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Adv. Tapesh Agarwal
Jaipur | 25+ Answers
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6 months is statutory period which is under provisioned under section 13-B(1) of the Hindu Marriage Act 1955 . In April 2016 in a case Supreme court of India has allowed the plea for divorce by mutual consent by waiving period of 6 months for complete justice with noted this thing that coupled had amicably settled their dispute and the monetary part of the settlement had been completed with. all depends on facts and circumstances of the case.
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Adv. Prem Dayal Bohra
Jodhpur | 100+ Answers
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