• Divorce

My friend and her husband is staying seperately for 7 months. Will court ask them again to wait for another 6 months after they file mutual consent divorce. Or court will consider that since they are staying seperately for more than 6 months proceedings and verdict can be given before cooling off period
Asked 8 years ago in Family Law
Religion: Hindu

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10 Answers

1. in mutual divorce petition atleast 2 motions are mandatory.

2. first motion for 1 year and second for 6 months.

3. court can pass divorce decree after first motion of parties to the marriage want and court finds that exception condition existed. remarriage of parties, apparent loss of confidence and faith, total debacle of marital relationship etc are exceptional condition in which court presumes that second motion will not change the view of parties so it is in the interest of justice to pass divorce decree.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1. if you do not want to wait for first motion you can approach the supreme court under article 142

2. supreme court has extra ordinary power under this article to pass any order in the interest of justice.

3. supreme court can pass mutual divorce decree before expiration of first motion.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1. If more than one years has passed from the date of their marriage as well stay then they can apply for mutual divorce.

After application of mutual divorce wait for another six months is required.

These are mandates of law and can not be waived.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

To file a mutual consent divorce petition, the couple should have

(1) Spent 1 year in marriage;

(2) Must have lived separately for 1 year preceding the MCD petition.

In certain cases the cooling period of 6 months is waived off.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

1) 6 months cooling period is mandatory

2) after you file for divorce court would give date after 6 months and on expiry of 6 months only pass divorce decree

Ajay Sethi
Advocate, Mumbai
99831 Answers
8148 Consultations

As per law both should have lived separately for at least one year preceding the date of petition seeking divorce on the grounds of mutual consent.

The seven months separation is not eligible for seeking divorce on the grounds of mutual consent

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

No 6 month period will be given by the court after the case is filed irrespective of the fact that they were remaining separately since last few months.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

It is divorce by mutual consent hence lawyer can represent both parties . It helps in reducing litigation costs

Ajay Sethi
Advocate, Mumbai
99831 Answers
8148 Consultations

A single lawyer can appear for both the petitioners, there is not illegality or legal infirmity in it.

You should understand the position that both are petitioners in the mutual consent divorce and not opposing each other, hence there is no problem in a single lawyer appearing for both the parties.

No ethics or logic involved in this except law.

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

Ethically also and as per law also, one lawyer cant represent both the parties

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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