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 off 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 Waiver Was Sought On The Ground That The Wife Wanted To Remarry And She was Required To Obtain A Passport At The Earliest To Accompany Her Would-Be Husband Who Lives In Abroad.
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, the Divorce lawyers in Chennai are known for their expertise in family law. Depending on the specific situation, we provide assistance with issues such as child custody, maintenance, and alimony. In addition, our family law lawyers in Chennai can help individuals navigate the complex legal system and find effective solutions to their problems.
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.
theadvocatefirm are the best divorce law firm in Delhi.
We are specialist in Divorce cases our specialist lawyers will help throughout your divorce process.
Get expert legal advice from best divorce lawyers near by.
The Fort Collins divorce attorneys at the Cossitt Law Firm, LLC are ready to discuss your situation and explain your options for responding to a divorce petition.
We are also ready to immediately start protecting your interests and to work relentlessly to help you achieve your goals in divorce.
#familylaw, #divorce, #childcustody, #childrelocation, #childendangerment
Our divorce lawyers in Toronto can assist you with your divorce.
The Divorce Act is the law which governs divorces in Canada.
Wherever you live in Canada, the process of getting a divorce is the same.
Filing a divorce petition is a stressful and challenging process.
If you are in need of legal assistance and support for resolving the issue legally, visit Magner, Hueneke & Borda, LLP for consulting the best team of divorce lawyers in Kenosha, WI.
We are expert in the family legal matters such as child custody, alimony demand, post judgment modification and more.
Marriage is meeting of two souls but a divorce becomes inevitable when these two souls give up on each other due to any reason/reasons.
As per Indian Legal System, the process of divorce starts with filing a divorce petition.
One of the parties associated with divorce process files a divorce petition and notice of the same is served to the other party.In case of irreconcilable differences, if both the partners decide to end the marriage by parting ways legally, then they can file for a ‘Mutual Divorce’ as per Hindu Marriage Act, 1955.
Sometimes, only one party wants to go for divorce but the other party is not ready or willing to get a divorce.
In such cases, one party can file for divorce and this is known as” ‘contested divorce’.
In this article, we shall be discussing about the procedure of ‘Mutual divorce’.
