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Grounds and procedures for mutual consent under special marriage act


19-Nov-2023 (In Divorce Law)
If I am filing mutual consent divorce under special marriage act does it still has to go throug court petition and what is the cooling off period?
Answers (4)

Answer #1
660 votes
Well, in order to seek Mutual Divorce, you need to file a Mutual Divorce Petition in Court, despite you have got married under the Special Marriage Act. As far as Cooling Period is concerned, it can be waived off nowadays.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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Answer #2
736 votes
Hello, Advocate Minakshi Ovhal-Dakhane here, yes you can file mutual divorce petition before family court. you can apply for cooling period application if court allow your cooling period then divorce allowed. For any further information you can contact me. Thank you
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Advocate Minakshi Bapu Ovhal Dakhane

Adv. Minakshi Bapu Ovhal Dakhane

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Answer #3
604 votes
Yes, even though you are filing a Petition for mutual Divorce under the Special Marriage Act, you both have to go through the court Petition and you both will be legally divorced only through an order of the family court. Cooling off period is a period of six months which the court grants to both the parties to try and settle the matter amongst themselves. On the expiry or the six months, if the parties still wish to proceed with the divorce proceedings, the court grants divorce. For the complete process, you can approach me.
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Advocate Rahul Mishra

Adv. Rahul Mishra

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Answer #4
969 votes
yes. Even if you want divorce as per the provisions of the Special Marriage Act ,you have to apply for a Court and the cooling period is 6 months.. In case of mutual divorce both the spouses are petitioners in that petition and you have to decide your own settlement terms for divorce such as amount of permanent alimony to be paid to the wife.
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