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Procedure for mutual divorce? Can we waive off 6 month period?
14-Oct-2023 (In Divorce Law)
Me and my husband had been married for past 13 years and now we have decided to separate mutually. I have been staying outside India separate from him for past 2 years now. Now if i file for divorce what would be the procedure and as i came to know there is cooling off period of 6 months. Can we get it waived off or removed by any chance?
To file mutual consent divorce under Section 13 B of Hindu Marriage Act thereby seeking divorce on mutual terms and condition. A joint petition signed by both parties is filed in court under said section. In the first motion statement of both parties are recorded and then signed on paper before the Hon'ble Court.
The 6 month period is given for reconciliation, (the hon'ble court gives a chance to the couple to change their mind) 6 months after the first motion or at the end of the reconcile period if both parties still don't agree to come together.
Then the parties may appear for the second motion for the final hearing.Finally Divorce decree will be granted as the Hon'ble Court may deem fit. This process of divorce is faster and less time consuming.
The period of 6 months cannot be waived off , because the Supreme court has made it clear that this a provision imposed by the Act which cannot be waived by Trial Court. In case you wish to waive the period you will have to go to Supreme Court.
Adv. Sudershani Ray
Delhi | 200+ Answers
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