See file an application before the lower court to waive off the cooling period the family court in most chances shall reject same.
Then prefer a petition before hc seeking direction to waive of the cooling period and grant divorce.
Hi, Me and my x husband both filed petition jointly for mutual divorce in alipore court kolkata on 7th Dec 2018. I know that mutual divorce will take 6mnths which is the cooling off period. We both are living separately since February 2017.But unfortunately I received court hearing date after 1year i. e 26th Nov 2019.Now when there is absolutely no chance of further reconciliation and both of us living separately for more than 1year why should we wait for another 1year? Therefore I want to know is there any legal procedure to prepone this hearing date at any cost?
See file an application before the lower court to waive off the cooling period the family court in most chances shall reject same.
Then prefer a petition before hc seeking direction to waive of the cooling period and grant divorce.
you should have been granted date in June 2019
2) make an application before family court for early hearing date
3) state there are no prospects of reconciliation and you need a early hearing date after mandatory coiling period as your second marriage is fixed in July 2019
4) make the said statement only if you want to remarry in July 2019 . dont make any false statement on oath
Very slim chance of pre-poning the hearing date, which has already been fixed. At best your advocate can mention the matter in court any day and plead for pre-poning the hearing date... But it won't be pre-poned as a matter of right
Hi,
As rightly said by you that the legal provision for "cooling off period" in Mutual consent divorce under Hindu Marriage Act is 6 months from the date the matter is filed or first hearing. Fail to understand why in your case it was different. You should have objected to this immediately after the date was given to you in the court.
Now your lawyer will have to bring this to the notice of the court by putting an application "to take the matter on board". If the court accepts this application, your file will be produced before the judge on a given date and then you can request for the statuary 6 months time with valid reason.
Hello,
Dear Client,
Due to flood of pending cases in courts, longer date are given. In this case you have no option except show some exigency and request court to waive cooling off period as “cooling off period” of six months provided under Section 13B(2) of the Hindu Marriage Act, 1955 is not mandatory but directory and such period can be allowed to be waived by the court on satisfaction of certain conditions.
You have to advance the date and giving some reason (for example say either of you are traveling abroad).
Once it's advanced refer it to mediation. Then once mediation report is back to court, you can get the Divorce almost in a week or two.
It must be a mistake or your Advocate would have got it on purpose or there is no judge allotted to that court.
Usually in cities it's easier as the Divorce cases are more.
Six months cooling period can be waived off by the Family Court but before that 18 months should be finished means the parties should reside separately since 18 month at the time of filing the joint petition of mutual consent divorce. as per Judgment of the Hon'ble Supreme Court in the case of Amandeep Singh vs Harleen Singh.
Your advocate should apply in the court to get the early date citing the reason.
You have to go to the mediation as process and then only the divorce may be granted.
Thank you all for the valuable opinions. I have one question is there any locking period eg. 3mnths from petition date to file for an application to reschedule the divorce hearing date?
File an application before the Court in light of the judgment passed by SC for waiving off the cooling off period.
regards
For the mutual divorce under section 13-B of the Hindu Marriage Act, the minimum period of separate living is 6 months after the first motion. In case both of your are ready for the same, you can file an application and get the same as per the prescribed procedure
There's no procedure to file a formal written application ie it's not legally permissible. As already stated, at best your lawyer can mention the matter before the judge and plead for an earlier hearing. It is to be appreciated that the date fixed, must have been fixed after due hearing given. So it's virtually impossible to pre-pone it now.
The second option would be to approach the high Court having jurisdiction, seeking it to direct the family court to pre-pone the date, as such a long date defeats the purpose of justice.
There is no locking period you can file an application for changing date(to waive cooling period) after the first motion is complete and date is given.
1. First of akll he will not become your x husband till you get decree of divorce from the Court.
2. It is strange that the next date of hearing has been fixed on 26.11.2019 when you have filed the MCD petition on 7.12.2018. Probably it was not noticed that the the petition is in connection with MCD.
3. File a petition before the Court for prep[oning the hearing.of the MCD.
4. In some cases where the separation is for more than 12 years, such further cooling period has been waived by theb Apex Court and your case does not fall in that bracket to pray for waiver of cooling off period.
1. There is no such locking period as per law which restrains you to file the said application for preponing the hearing date of your MCD petition.
2. File a put up petition for hearing the said application for preponment of hearing date.
Hello,
There are so many cases pending in this court and due to heavy pressure on the court this things are happening.
If your marriage is more than one year old at the time of filing the petition , ask your lawyer to put up the matter.
Regards.
I feel your immediate lawyer is misguiding you, firstly you need to understand a logic, your case is not the only divorce case that has been filed, there are several or more than 200 to 300 in numbers of cases is filed, so there may not be any shorter date in the diary or calendar of the court.
Your statutory period is 6 months, exactly after completion, wait for 7 to 10 days and move a 1 page application and inform the court that your statutory period is over and you want to part ways, court will immediately give you a date within a span 7 to 10 days or may be lesser and both of you move before and complete your divorce and after 21 days you shall receive the divorce decree, being a local practioner, i gave you the real picture, if you do by this process within 6.5 to 7 months max, your case is over.
If somebody else is saying anything whatsoever beyond what i said, he or she is not speaking the truth, so be careful, because i can get your case done in this process.
If it was a mutual consent divorce, the court cannot post the matter for hearing by one year later.
You first confirm the date, because in mutual consent divorce, the date should not be more than 6 months which is called second motion.
However you can file a joint affidavit along with your spouse requesting to waive off the waiting period owing to the circumstances under which you both have decided to part your ways by a divorce.
You can file a petition for hearing advance along with the joint affidavit requesting waiving cooling off period on the basis of latest supreme court judgment .
There is no such thing called lock in period.
You can file an affidvait jointly deposed by both after a week of the date of original filing of the petition for mutual consent divorce.