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Application for divorce with mutual consent filed
17-Sep-2023 (In Divorce Law)
My friend and her spouse have filed for divorce by mutual consent. The court has given a date after 6 months for next hearing. My question is is the period of 6 months mandatory and can it be waived off since the couple are not staying together for last 3 years and the marriage is already broken down with no chance of any reconciliation whatsoever.
Said period can be waived off subject to moving of an immediate wavier application whilst taking the same onboard in 2-3 months of filing for any sufficient reason.
Contact to get full guidance on wavier of cooling period.
Regards,
*Adv Yogesh Tahiliani
Tahiliani Associates
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Adv. Yogesh Tahiliani
Nagpur | 25+ Answers
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Dear queriest as per your query, if your already filed for mutual consent divorce then 6 months is mandatory procedure and the question of waiving off the period is considered in rearest cases therefore if such is case let us know we can move application for the same before the Family court.
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Adv. Dhananjay Ravikant Gangawane
Pune | 1000+ Answers
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The Supreme Court has recently waived off the mandatory cooling period of 6 months before divorce, provisioned earlier in the Hindu Marriage Act of 1955. Henceforth, a trial court can dispense with this period if there is no possibility of cohabitation between the estranged couple.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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