Waiver of Six Months Waiting Period In Mutual Divorce Petition – Process and Procedures in Court

Family Law
Divorce Law in India

Waiver of Six Months Waiting Period In Mutual Divorce Petition – Process and Procedures in Court

Divorce is the choice when the marriage ends in bitterness and the couple no longer wants to live under the same roof. The irony is despite the years of living together as husband and wife, now they want to part away as soon as possible. “When will I get my divorce” or “how soon I can get my Mutual divorce?” is the most important answer they want to know.

Well! the contentious divorce is not going to end any sooner if that is what your choice is. Mutual Divorce is the one and only way the couple can end their marriage relationship within six months. But if that sounds too much you still have a way to end much sooner. Yes! you heard right! But the process of waiving the six-month cooling-off period is not that simple. In a mutual divorce, the couple must wait six months. Yet, in some cases, the court waives Six months mandatory Cooling-off Period.

Procedures to Waive Cooling Off Period in Mutual Divorce Cases

The couple must have lived as husband and wife at least for a year

A special application is to be filed requesting the court to waive off the cooling period with evidence if any.

The court waives six month waiting period if the reasons are in order.

In so many cases, the courts have drawn some yardsticks and allowed the couple to waive off the six-month cooling period.

Nilamben Bharatkumar Patel vs Bharatkumar Dahyabhai Patel on 22 December, 2015

In This Case, The Couple Married In The Year 2002 And Residing Separately Since 2008. The Couple Filed The Petition For Mutual Divorce And Sought To Waive the Cool Off Period, The Trial Court Rejected The Plea On The Ground That It Has No Such Power. The Couple Appealed Before High Court On Following Main Grounds.

The Parties Were Residing Separately for More Than 7 Years And Executed A Deed Of Divorce To Obtain Customary Divorce.

The wife wanted to remarry and needed a passport to go with her new, foreign spouse.

The Trial Court Rejected The Application Of The Parties Referring The Judgment In Jigneshkumar Dilipbhai Patel V. Principal Senior Civil Judge Case Without Considering Its Applicability.

The High Court Considered The Reasons Of Urgency And Waived Six Months Period For Seeking Divorce And Directed The Trial Court To Complete The Procedure By The End Of January 2016  to File A Divorce Case In India

Aran Law Associates – Divorce Lawyers in Chennai

Aran Law Associates’ divorce attorneys in Chennai are renowned for their expertise in family law. Depending on the specific situation, we provide assistance with issues such as child custody, maintenance, and alimony. Our family law attorneys in Chennai can help clients navigate the legal system and discover efficient solutions.

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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