Waiving off cooling period in mutual divorce
18-Jan-2023 (In Divorce Law)
Me & my husband are hindus and staying separate for 2yrs. Wanted to know if it is possible to waive off the 6months cooling period in case of mutual divorce as per the latest rule by supreme court?
Dear Madam,
As per suprem court rule you can file an application to waive 6 months cooling period but trail court have liberty to decide on application that wheather application liable to allow or not, you have to mention valid reason to allow the said application.
As per suprem court rule you can file an application to waive 6 months cooling period but trail court have liberty to decide on application that wheather application liable to allow or not, you have to mention valid reason to allow the said application.
What are the new rules for mutual divorce in India 2023?
The six-month period of rehabilitation is no longer mandatory. ...
Irretrievable breakdown of marriage- A sufficient ground for divorce. ...
Now, maintenance is also available for relationships where the couple live together. ...
Adultery is not punishable.
What is the latest Judgement for divorce mutual consent?
On 01-05-2023 a Constitution Bench of five judges ruled that the Supreme Court had the right to dissolve marriages on grounds of irretrievable breakup under Article 142(1) and that it could dissolve marriages by mutual consent, without following any procedural rules.
Can we get mutual divorce immediately?
In India, the time required to obtain a final divorce through mutual consent can range from six to 18 months. The court will require a cooling off period of six month between the filing the petition and the initial motion and another six between the second and third motion.
What are the disadvantages of a mutual consent divorce?
Waiting Periods & Separation Requirements ...
Property Rights Issues. ...
Child Custody Complexities ...
Emotional Cost of Cooling Off Periods ...
No Dispute Resolution Mechanism. ...
Potential for Withdrawal. ...
Incomplete Financial Disclosure.
Hi...yes .As per the latest judjement of Supreme court we can try for waiving of cooling period but we have to strongly convince the court for wat reason waiving of cooling period is necessary.
Thank you
Thank you
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