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How to waive the cooling period of 6 months in Mutual Divorce


17-Nov-2023 (In Divorce Law)
This relates to my case. I have divorce settlement in the month of September 2017 with the final date of hearing in March 2018 in Pune. I wanted to know if the waiver of the cooling off period will be applicable in my case. My lawyer has been stating categorically that the court has declined the waiver of the cooling off period in my case. If so, then why and what are the options?
Answers (2)

Answer #1
845 votes
The cooling off period of six months can be waived off if any of these following conditions are met as per the recent judgement of the Hon'ble Supreme Court:
1. If the parties have lived in separation for more than one year plus six months before filing for mutual consent divorce.
2. If all efforts of mediation and conciliation by the court have already failed.
3. If the parties have settled all their disputes pertaining to alimony etc.
4. If any delay will only further prolong the agony.
If these conditions wherever required have been completely satisfied then the judge might allow the waiver at his own discretion.

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Answer #2
792 votes
As per your query if both the parties have agreed to go for divorce mutually then the 6 months period can be waived. In latest judgement of the Supreme Court it has been seen that if the Parties are agreed to go for divorce mutually then the 6 months period can be waived.

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.

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