Advancement of divorce decree date as per Supreme Court Ruling

862 votes

It can be advanced but it is at the discretion of the Hon'ble Court. While delivering the judgement the Hon'ble Supreme Court observed that such waiver should be given only in cases where there is no scope of co-habitation between the parties and the marriage can't be resumed in any case. It further laid down four conditions where such waiver can be given 1. Where the parties have already been separated for mandatory period of 1 year before filing divorce plus the 6 months cooling off period, before filing for first motion. 2. Where all attempts at mediation, counselling and any other methodto save the marriage have been tried and failed. 3. Where the parties have truly settled all their disputes like regarding alimony etc. 4. Where any delay would just aggravate the agony. If your case can be brought in the loop of any of these conditions you are most likely to get a waiver of the cooling off period of 6 months.

Advocate Samyak Raj LawRato

792 votes

Yes cooling period can be revoked if there seems to be no chances of reconciliation between the parties to the petition and all the issues between both the parties are settled like custody or maintenance.

Advocate Deepika Kukreja LawRato