How to extend cooling period of six months in case Of MCD

809 votes

mutual case of divorce is filed only if both the parties are ready for divorce. In such cases of mutual divorce if at any stage before passing of decree of divorce any party does not want to give divorce then the other party or court can not force them however once court has passed decree after recording of statement of both parties in second motion then parties cannot withdraw their consent.

Advocate Rajiv Rekhari LawRato

518 votes

I have perused your query regarding time extension for mutual consent divorce. You have to move to the court and apprise that you want some time to think with regard to the divorce for entering the second motion. For further consultancy and legal services you may contact us.

Advocate Anubhav Kathuria LawRato

669 votes

Sir, for waiver of 6 months cooling of period, a joint application has to moved. No body can compel you to sign the joint application.
If you dont cooperate, almost your wife an file an application before the family court conveying her intent to file second motion and notice could be issued to you.
if you receive any notice you can appear and tell that you need more time to think.

Advocate Sanjana Antil LawRato

986 votes

Respected sir
you want to know about the extension of cooling time period from 6 months to 18 months .
if you decide in your mind to take the divorce from the her wife and you want to extend the time .

Advocate Ravindra Kumar Panwar LawRato

762 votes

you may extend the cooling off period to a maximum of 18 months. you may tell the court that you are still in two minds. the intention of providing for a cooling off period is exactly to let the parties make up their minds.

Advocate Kawaljit Singh Bhatia LawRato

859 votes

You can file your second motion for mutual divorce from 6 months to 18 months from the date of first motion. If you need some more time to think about your decision, then you can file your second motion for divorce once you are ready before 18 months at any point of time.

Advocate Nitin Bansal LawRato

594 votes

dear client first of all what is the status of your case is it in mediation process what agreement and what were the clause you have put in your settlement as you have given the money to her in first motion as u have told you have file ur petition in Aug n next date is of Feb 6 month is already given for mediation process there is no way to get this 18 month specific time u r seeking you can adjourned for one or two time as this is the discretion of the court what time is suitable for both of you to come over and proceed for ur case for further details do contact us

Advocate Rahul Rathi LawRato