Mutual Divorce Jurisdiction and date
30-Aug-2023 (In Divorce Law)
Can we file Mutual Consent Divorce ( Hindu marriage) from a city where wife is currently residing but where she never stayed with her husband earlier neither the marriage was solemnized there? If Husband and wife are already staying separate for over 2 yrs, can they pray for waiving off the 6 months cooling off period, does the court considers such request ? what are the chances for waiving off 6 months period in such scenario? Is it mandatory to specify exact dates of staying together & parting away in the MCD application or approximate month and year can suffice?
Hi according to your query even if you stay for 2years separate also for going divorce by mutual consent 6 months under section 13(b) minimum it will take or you have a chance for your question either one spouse would have filed for divorce then only they will consider and coming to the jurisdiction where you stayed that residing ID proof must and should be there. for further clarification you can call us at any time.
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yes you can file mutual consent divorce at the place currently your wife is residing. waiving the period of 6 months is possible only in some cases only basing on the supreme court guide lines. court considers them depending upon the circumstances of the case. you need to contact an advocate for getting the divorce process done.
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Cooling period can be waived off in certain situations can talk to your lawyer in the area of your jurisdiction for clarifications regarding cooling period. Exact dates is not necessary month and year of parting or in the other words stating away from each other is necessary.
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