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Divorce second Motion Waive Off Conditions
25-Nov-2023 (In Divorce Law)
Kindly let us know the way to get waive off for 2nd motion divorce 6 months cooling period if only 1 year seperation is there.
you have to give proper reason for waive off the cooling period... such as you are going abroad, or the marriage can not be survive due to medically disability or any other reasonable excuse can be the basis for waiver of Colling period
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Adv. Shruti Bhardwaj
Delhi | 100+ Answers
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Yes, we can file an application for waiving of statutory period of 6 months along with the 2nd motion. U have to mention the reason in application. First the application will be decided and then 2nd motion will be heard
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Adv. Rakhi Budhiraja
Delhi | 25+ Answers
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If it is a mutual consent petition then waive off can be simply obtained by filing an application for waive off in second motion and subsequently can have a decree for the same for divorce if already one year has been crossed in separation, 6 months cooling period is only granted when parties have filed ddivorce petitionthrough mutual consent and also fulfill certain conditions like:
a) the statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year under Section 13B(1) of separation of parties is already over before the first motion itself.
b) all efforts for mediation/conciliation including efforts in terms of Order XXXIIA Rule 3 CPC/Section 23(2) of the Act/Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts.
c) the parties have genuinely settled their differences including alimony, custody of the child or any other pending issues between the parties.
We have to, therefore, mention the above discussed in our application for waive off. Therefore 6 months waiting period prescribed under Section 13B(2) of Hindu Marriage Act for divorce by mutual consent is not mandatory and can be waived.
a) the statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year under Section 13B(1) of separation of parties is already over before the first motion itself.
b) all efforts for mediation/conciliation including efforts in terms of Order XXXIIA Rule 3 CPC/Section 23(2) of the Act/Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts.
c) the parties have genuinely settled their differences including alimony, custody of the child or any other pending issues between the parties.
We have to, therefore, mention the above discussed in our application for waive off. Therefore 6 months waiting period prescribed under Section 13B(2) of Hindu Marriage Act for divorce by mutual consent is not mandatory and can be waived.
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Adv. Pratyush Raj
Delhi | 25+ Answers
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There's a SC judgment that says cooling off period isn't mandatory. The second motion can be filed immediately if there's irretrievable breakdown of marriage. How long have you been married? Kindly let me know so I can guide better.
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