Is 6 month waiting period mandatory for mutually agreed divorce

858 votes

under the provision of law ,once the petition for divorce under "Mutual Consent"was filed ,the parties have to wait for a six Months period before another application is moved jointly for getting the Decree of Divorce.
In AJNANA KISHORE VS PUNEET KISHORE case ,three judge bench of the Apex court waived off the six Month period ,by exercising extraordinary power of the court under Article 142 of the constitution, recently in August 2016 a bench of JUSTICES Kurian Joseph and Rohinton Fali Nariman granted relief to a couple regarding waving the waiting period of Six months.So its depends upon the nature of the case under which period of Six months could be waived .

Advocate Rishi Kumar LawRato

718 votes

Yes. The cutoff period of 6 months is a mandatory provision of law as contemplated under section 13-B of Hindu Marriage Act. But pre condition is that you have to aver in the petition that you are living separately for one year or more and further cannot live together and the petition shall be preferred and six months period has to lapse but before 18 months you have to move a motion.

Advocate Piyush Shrivastava LawRato

554 votes

Yes if you filed a joint petition for mutual divorce the time of six month is not mandatory before moving to second motion . Recently Supreme Court has been given direction that it is not mandatory .

Advocate Lubna Ishrat LawRato