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6 months waving period- I have been separated for a year by now and al


30-May-2023 (In Divorce Law)
Hi, I have filed petition under sec 12(2)(a)(i) in Aug 2022 and as per advice I have undergone mediation twice, Till now the file case is in AMR. I have all the evidence that proves her fraud and adultery (the petition is not filed for adultery though). The opponent party is trying to extend court dates by simply. Now, I am really struggling hard by passing the days without clearity. My question is, if I am ready to file a new petition on mutual consent, will the court waive off 6 months waiting
Answers (2)

Answer #1
793 votes
I understand your questions so you filed section 12(2) petition now your case stage is await mediation report opposit party killnthe time so now your questions is can file a Mutual consent case right yes it is possible and waivebif the cooling period also so do you need any legal help contact me thankbyiu
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Advocate Bhagya C H

Adv. Bhagya C H

LawRato Bangalore / Bengaluru | 1000+ Answers
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Answer #2
844 votes
Dear Sir, Yes, you can withdraw the present divorce petition and file mutual divorce and get waive off 6 months cooling period in view of following Hon'ble Supreme Court Judgment: =========================================================== Divorce with mutual consent: HC waives ‘cooling-off’ period for Kharar couple Oct 24, 2021 01:05 In a recent case, while granting divorce through mutual consent, the Supreme Court has emphasised that a judgment is not to be read in the manner of a statute and construed with pedantic rigidity.  The Supreme Court thus correctly sets a good precedent in giving more autonomy to individuals in private matters of marriage and reduces the control of the state in the affairs of citizens, write ABHINAV HANSARAMAN and SHIVANGI SHARMA.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRatoBangalore / Bengaluru | 1000+ Answers
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