Waiving 6 months cooling period Waiving 6 months cooling period

5 years ago

If my ex wife and I have amicably parted ways and have gone ahead with mutual divorce where alimony is already settled and no children are involved, then can we waive off the 6 months cooling period as there is no possibility of reconciliation from both ends.

Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client You can file an Interlocutory Application . But it is discretion of Judge to allow it or to ask you to wait.
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Rajender Prasad

Responded 5 years ago

A.pl.ensure that at the time of seeking first motion under Section 13B(1), you had been living separately for a period of 1.5 (ONE AND HALF ) YEAR , IF YOU WERE NAD THE SAME HAS BEEN SHOWN IN YOUR FIRST MOTION,THE PERIOD OF 6 MONTHS CAN BE WAIVED OTHERWISE YOU HAVE TO WAIT FOR SIX MONTHS MORE.
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Kavery Anand

Responded 5 years ago

A.Answerd by Adv kavery Anand Bangalore.. sir it's totally depend upon how long u r staying separately..
If u r staying separately since 1 year or more then u can waive off 6 months cooling period.. because there is No use of another 6 more months for cooling...
For more details call me through Vidhikarya.
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Manjula Shanmugasundaram

Responded 5 years ago

A.You can try by filing an Interlocutory Application for that. But it is for the Judge to allow it or to ask you to wait. The waiver of the 6 months period is generally allowed only where a normal divorce petition had been pending for a long time before the Mutual petition was filed.
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