• Section 142 for waiving 6 months wait before attain final decree

I have live away from my wife for over a year and filed a petition on mutual ocnsent which is accepted and am given 6 months wait by family court also my counselling is completed. Can I file to the supreme court and ask them to waive 6 months wait period due to my health reasons and use article 142 for the same? If yes can someone please helop with the procedure as I tried going online on supreme court website but am not able to find any more details

Regards
Asked 7 years ago in Family Law
Religion: Hindu

3 answers received in 2 hours.

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6 Answers

1) only SC has power to waive cooling period

2) you have to file petition in SC to waive off the cooling period reason

3) you have not mentioned what are the health reasons that justify waiver of cooling period

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

The SC is the only court which can waive off the mandatory cooling off period, but in practice this is done in exceptional cases only. There have till date been only 4 or 5 cases where the court has waived off the cooling off period. Unless you are able to show the presence of compelling circumstances, which would justify the waiver of the cooling off period, the SC will not even grant you audience.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Engage a lawyer to file the petition in the SC. Going to the website of SC you wont find anything.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Though the six months waiting period is mandatory in all circumstances, the supreme in exercise of Article 142 can waive this period.

2.There are many instances when supreme court invoked this power.

2.So you can also try for this though it is discretionary power of the court and hence there is no gurantee the supreme court in your case also waive the waiting period as the grounds you have mentioned is not strong enough that the sureme court will exercise its ower under Artcile 142.

3.Choice is yours.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

The provision of thr referred law i.e., article 142 of the constitution may not be applicable to the circumstance prevailing in your side.

Theprovisions says that;

142. (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.

(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.

Therefore, it may not be a right condition to invoke the above referred law to your case.

However you may approach supreme court for this purpose if your reason for an expeditious disposal is reasonable and convincing.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

Dear..

sir....feel free to file petition in supreme court of india..

Regards

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

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