90+ Lawyers are online 
Something Related To Mutual Divorce.
01-Mar-2023 (In Divorce Law)
My wife and I got married 13 months ago and staying separately since last 12 months due to temperamental differences. There is only a separation of 12 months. Now we both have agreed to dissolved this marriage for a certain amount with a mutual consent. I have heard there will be two motions with a gap of 6 months. Is there any possibility that 6 month period can be waived off if separation is only 12 months. Also the marriage never got consummated. Will court consider that too and willing to give us any special consideration to dissolve marriage asap ?
hello, In many cases now the 6 months period is being waived off...depending on your case history and status. However it is pertinent to understand that during the proceedings also you have to make a strong case of temperamental difference which is generally not taken very kindly by the court. Also the marriage if not registered will have to be taken into consideration.
Helpful?
hello sir, firstly the time period of separation that is required as per the act is of 1 year which is there in your case. secondly yes, the mutual consent divorce has 2 motions and the waiving off of the 6 months cooling period is upon the discretion of the court listening to your petition. and there are few circumstances that the court considers when a request of waiver off is presented before the court.
Helpful?
Adv. Megha Mary Thomas
Delhi | 100+ Answers
Chat
Actually No since you have not lived separately for a period of 18 months ie 12 months for 1st Motion and 6 months and actually ur marriage is also not that old since only 13 so no court will allow waiver
Incase ur marriage not consummated u should have gone for Annulment but that has to be done with 12 months and that time has passed now
Helpful?
Adv. Madhu Tyagi
Delhi | 200+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
