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Is 6 month waiting period mandatory for mutually agreed divorce


21-Sep-2023 (In Divorce Law)
We have filed a joint petition for Mutual agreed divorce. Now I want to know if 6 month period is mandatory before moving to second motion
Answers (3)

Answer #1
672 votes
under the provision of law ,once the petition for divorce under "Mutual Consent"was filed ,the parties have to wait for a six Months period before another application is moved jointly for getting the Decree of Divorce.
In AJNANA KISHORE VS PUNEET KISHORE case ,three judge bench of the Apex court waived off the six Month period ,by exercising extraordinary power of the court under Article 142 of the constitution, recently in August 2016 a bench of JUSTICES Kurian Joseph and Rohinton Fali Nariman granted relief to a couple regarding waving the waiting period of Six months.So its depends upon the nature of the case under which period of Six months could be waived .
Advocate Rishi Kumar

Adv. Rishi Kumar

LawRato Allahabad | 5+ Answers
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Answer #2
848 votes
Yes. The cutoff period of 6 months is a mandatory provision of law as contemplated under section 13-B of Hindu Marriage Act. But pre condition is that you have to aver in the petition that you are living separately for one year or more and further cannot live together and the petition shall be preferred and six months period has to lapse but before 18 months you have to move a motion.
Advocate Piyush Shrivastava

Adv. Piyush Shrivastava

LawRatoLucknow | 5+ Answers
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Answer #3
865 votes
Yes if you filed a joint petition for mutual divorce the time of six month is not mandatory before moving to second motion . Recently Supreme Court has been given direction that it is not mandatory .
Advocate Lubna Ishrat

Adv. Lubna Ishrat

LawRatoNoida | 25+ Answers
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