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Advancement of divorce decree date as per Supreme Court Ruling
10-Nov-2023 (In Divorce Law)
Mutual consent divorce decree date of march'18 Filed in september'17 , can the decree date be advanced based on the Supreme court ruling in no 6 months cooling period ? All other criteria,s are fulfilled under Hindu law.
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.
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.
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Adv. Samyak Raj
Delhi | 500+ Answers
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Can court reject mutual divorce?
Karnataka High Court: Family Court cannot deny relief to spouses who are living together under the same roof in divorce cases based on mutual agreement. 15-Jun-2023
What happens in mutual consent divorce?
Divorce by Mutual Consent is the legal separation process when both husband and wife wish to separate themselves with their own free will. Both the husband and wife may apply for divorce through mutual consent. This is the most civilized method of ending a marriage.
Is mutual divorce better?
Mutual divorce is more likely to be resolved outside of court. Contested Divorce Often ends up in court for decisions. Both parties decide on the Alimony in a Mutual Divorce. In a Divorce that is Contested, the Alimony may be decided by the court. 04-Oct-2023
What is the limitation for mutual consent divorce?
The parties will be given a 6-month waiting period, which is also called a cooling-off period, and can extend to 18 months. 27-Jun-2023
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.
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Adv. Deepika Kukreja
Nagpur | 25+ Answers
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