Waiver of six month period under article 142 of constitution

899 votes

Yes, it possible in exception cases. It mainly depends upon the adjudicating officer. However, there are ways to get a divorce at the earliest by taking it through the process of mediation, if the mediator deems fit that the bond is beyond repair and the best way is the parties separate. Then you might get a divorce quickly.

Advocate Saket Bisaani LawRato

745 votes

Yes it is possible but you should have compelling reasons for grant of the same. you have to show to the court how the 6 months period is not benefecial for you both as the time is given to see if there is any chance of retrieval.

Advocate Shobhit Bhatia LawRato

580 votes

Yes statutory period of six months may be waived off but it's not a matter of right but discretion of the court. If family court refuses then you may approach higher court. It can not be filed directly in Supreme court.

Advocate S P Srivastava LawRato

890 votes

under exceptional circumstances the statutory period of waiting the parties can be waved and should have compelling reason to invoke the jurisdiction of article 142 of the constitution. merely involvement in multiple litigation and mutual agreement to disolve the marraige will not be suffice but it would depend on case to case basis and terms of agreement . it is important to see the fact and circumstances of the case before giving an opinion on the same.

Advocate Poonam Atey LawRato

784 votes

Preliminary Opinion: The Wadhera case has certain facts which might be similar to yours but before appraching Hon'ble Supreme Court you must have exhausted other remedies. In your case, both have been living separately and their is no extra-ordinary reasons on the plain reading of your facts. You would be required to consult so that a proper case for appraoching the apex court can be made out else the precedent in matrimonial cases are limited. And for other matters you can approach the Hon'ble High Court on joint request to quash the other proceedings if, criminal in nature.

For a comprehensive opinion do contact with documents such as:
1. The various cases filed with case status and place.
2. The mutual divorce petition.
3. The present residence and job profile, if any of the the spouses.

Advocate Ramaditya Tiwari LawRato