Does court gives 6 month time to think about divorce and then sign

611 votes

Dear Querist,

As I understand from your query, you have gone for divorce by way of "Mutual Consent". Whenever parties agree to dissolve the marriage by mutual consent, the Court grants the parties usually 6 months for signing the second motion from the date of the first motion. If you have already gone past the first motion stage, and both of you have resolved your differences in order to live together as husband and wife, then you can file an application in the court saying that now both of you want to live together. The Court will dismiss the divorce proceedings before the second motion, allowing both of you to again live as husband and wife.

So the answer to your query is: Yes, the Court does grant 6 months time to the parties to think over the fate of their marriage. If the parties still decide to go ahead with divorce, then the parties can go for second motion and give their consent for divorce by way of mutual consent. (Please note that this is applicable in the divorce proceedings by way of mutual consent, not in any other proceeding, say on the ground of cruelty.)

Advocate Mohit Sharma LawRato

519 votes

Yes u can request to court for to court that as on date now both are ready for parchup and want live togather as well as u can also move application towards court tfor the same so after that court will consider ur applications

Advocate Prashant Chavda LawRato

533 votes

If u want court decree for Diavorce then it will take 6 months time after filing for rethinking.
Else if u want to take divorce then u can also do by other way
1. Divorce get registered from sub register office
2. Noterised Diavorce

Advocate Divyesh Bipinchandra Gandhi LawRato

655 votes

HI,

IF YOU HAVE FILLED THE PETITION FOR DISSOLUTION OF MARRIAGE ON MUTUAL GROUND OF HMA.
THERE ARE 2 MOTION AND 6 MONTHS COOLING OFF PERIOD IS GIVEN TO THE COUPLE, IF ANY OF THE PARTY WISH TO WITHDRAW HIS/HER CONSENT , HE/SHE CAN STEP BACK .

THANKS

Advocate Ramit Sehrawat LawRato