LawRato

What is the mutual divorce decree period as per new law of SC


26-Sep-2023 (In Divorce Law)
Is it possible if u can answer me that we are going into mutual consent divorce wherein first petition was filed on 8th May 2017 and first motion has already been done on 6th July 2017. So, As per new notification by Supreme Court of India 6 months cooling period is waived off for mutual divorce. Our Application for waiver off 6 months alongwith Affidavits are ready so if we file it tomorrow so when can we get the date to present in front of court and get the decree of divorce? Religion: Both the parties are Hindu
Answers (3)


LawRato

Answer #1
765 votes
Yes you should file application before family court and family court may consider it by giving you date to present yourself as per new guidelines by supreme Court of India and court may wave six months cooling period.
Helpful? LawRato20+ LawRato
Answer #2
687 votes
As per latest judgment of Supreme Court, district/family court can exercise it's discretion consider waiving off the cooling period of 6 months based on facts and situations of the case. You will have to state your facts and reasons in the application for waiving off this period. Hope that answers your query
Helpful? LawRato12+ LawRato
Answer #3
934 votes
Hello In usual circumstances, after filing Affidavit for waiver of 6 months cooling period, the matter gets filed and listed within a week unless the court's roster is full. It is difficult to say how long it will take exactly but you can expect the get the decree of divorce shortly after filing of affidavit. Hope this helps.
Helpful? LawRato17+ LawRato

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.

Report abuse?

Comments by Users

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."