Waiver of six month period under article 142 of constitution
18-Dec-2023 (In Divorce Law)
Learned members,
I and my wife have decided to file mutual consent divorce after several litigations against each other, we stayed together only for a month and have been living separately since one and half years.
Is it possible to get the six months period waived off by jointly appealing in supreme court under article 142 of constitution and also get the cases against each other quashed.
Similar judgment was given in Aditi wadhera vs ViVek kumar wadhera case in August 2016.
Yes, it possible in exception cases. It mainly depends upon the adjudicating officer. However, there are ways to get a divorce at the earliest by taking it through the process of mediation, if the mediator deems fit that the bond is beyond repair and the best way is the parties separate. Then you might get a divorce quickly.
Helpful?
46+
What is the new rule for divorce in India 2023?
In 2023, the Supreme Court ruled that it had the authority to dissolve a marriage if the union was irreparable. The court will be able to skip the six-month wait period required by the Hindu Marriage Act, 1955. 05-Oct-2023
Is one sided divorce legal in India?
According to the Hindu Marriage Act of 1955, a one-sided divorce may be granted on the grounds of cruelty, adultery or desertion. Other grounds include mental illness, communicable disease, or presumption that the spouse has died.
How do you deal with an unwanted divorce?
According to studies, it can take 4 to 5 year to adjust to a divorce that was not desired. Keep yourself surrounded with people who are able to offer genuine support and care. A licensed therapists help can be invaluable during this period.
Is uncontested divorce valid in India?
In India, the parties must comply with all the requirements. Numerous surveys conducted in India have shown that an uncontested divorce is a hassle-free and easy way to get a divorce.
Yes it is possible but you should have compelling reasons for grant of the same. you have to show to the court how the 6 months period is not benefecial for you both as the time is given to see if there is any chance of retrieval.
Helpful?
50+
Yes statutory period of six months may be waived off but it's not a matter of right but discretion of the court. If family court refuses then you may approach higher court. It can not be filed directly in Supreme court.
Helpful?
33+
under exceptional circumstances the statutory period of waiting the parties can be waved and should have compelling reason to invoke the jurisdiction of article 142 of the constitution. merely involvement in multiple litigation and mutual agreement to disolve the marraige will not be suffice but it would depend on case to case basis and terms of agreement . it is important to see the fact and circumstances of the case before giving an opinion on the same.
Helpful?
28+
Preliminary Opinion: The Wadhera case has certain facts which might be similar to yours but before appraching Hon'ble Supreme Court you must have exhausted other remedies. In your case, both have been living separately and their is no extra-ordinary reasons on the plain reading of your facts. You would be required to consult so that a proper case for appraoching the apex court can be made out else the precedent in matrimonial cases are limited. And for other matters you can approach the Hon'ble High Court on joint request to quash the other proceedings if, criminal in nature.
For a comprehensive opinion do contact with documents such as:
1. The various cases filed with case status and place.
2. The mutual divorce petition.
3. The present residence and job profile, if any of the the spouses.
For a comprehensive opinion do contact with documents such as:
1. The various cases filed with case status and place.
2. The mutual divorce petition.
3. The present residence and job profile, if any of the the spouses.
Helpful?
28+
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."