Mutual Consent divorce wajve off of cooling off peruod of 6 month

623 votes

cooling off period is not required in current scenario you have valid ground for filing the divorce under mutual consent the case should be filed in the family court and further on the same date mediation with the counselor need to taken kindly get in touch for further discussion

Advocate Abhishek Moreshwar Gokhale LawRato

632 votes

This is my response to you:
1. Yes you will have to tell the court the same;
2. The court will consider it and then it can be waived of and the court can make it a record of it;
3. Tell your lawyer to plead the same;
4. Plead for the quick awarding of divorce decree.

Advocate Gowaal Padavi LawRato

871 votes

Hello,

As per my understanding of your query, I would want you to know that you can file for divorce only after 1 year of marriage irrespective of you are staying together or not. You can contact me for further details.

Advocate Varun Vij LawRato

565 votes

Section 13 B of Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954 require the couple to be living separately for at least one year before divorce proceedings can begin.

Procedure for Divorce with Mutual Consent
1. Filing the Petition
The husband and wife will both need a lawyer to handle the matter of the divorce. The lawyers will have them file for the divorce at one of the following places:
1. Where the two last resided.
2. Where the two were married.
3. Where the wife currently resides.

2. Grant of First Motion
Now that the two parties have filed the petition, they must record their statements in the presence of the judge at a district court. As noted previously, it is assumed that the two parties wish to get a divorce of their own volition (i.e. with mutual consent). Therefore, the parties need to state that they agree to the divorce freely. The parties will be required to state their reasons for the divorce and the terms on which they have agreed to separate (visitation rights, custody, etc). In case the parties cannot be in attendance at the court, they may grant power of attorney to any other person (preferably a family member) to speak for them. Once heard, the court grants the First Motion. Information about the time period of separation will also need to be mentioned. The petition will need to be submitted and signed before the judge.

3. Cooling-off Period
The couple is expected to attempt reconciliation during the ensuing six to eighteen months, before they file the second motion, at which point the divorce will be granted. Therefore, the couple must wait at least six months before they can approach the courts once again with the second motion. If either the husband or wife declares to the court that the other was un-cooperative in reconciling, the court may disallow divorce with mutual consent.

4. Second Motion
With the end of six months — and up to eighteen months — the couple can file the second motion and the judge will dissolve the marriage.

Advocate Dhananjay Ravikant Gangawane LawRato