Answer:
Six months waiting period of mutual consent divorce is one of the queries asked by spouses planning to get their divorce quickly. Section 13B of Hindu Marriage Act, 19 55 states that a period of six months will be allowed to the couple between first motion and second motion so as to give them an opportunity to rethink their decision. Nevertheless, the waiting period isn’t mandatory in every mutual consent divorce case.
Family courts may waive the statutory 6-month cooling-off period; the Supreme Court of India has made it clear that depending on the facts and circumstances of each case. Depending on various factors like the possibility of couples getting back together, whether all aspects such as maintenance, child custody, and settlement of property have been settled among the partners. The matrimonial court may allow the waiting period to be waived subject to its discretion if it deems that waiting for 6 months will lead to unnecessary prolonging of the matter.
Hence whether the waiting period can be waived or not would be according to the judicial practices and circumstances based on the matter. Consulting a proper lawyer will help you get more clarity if your particular matter qualifies for the same.
If you are planning for a mutual consent divorce in Delhi, having a skilled advocate by your side shall help you get through the process with clarity and the procedure done in legally- sound manner. Advocate BK Singh has been one of the proficient divorce lawyers, helping people with divorce and family matters. He can assist you with all the documentation required for divorce, understand the divorce laws and requirements as per your case and guide you through with the process including all courts appearances and concerns.
Matrimonial cases are very delicate and you need to know your rights when it comes to approaching such matters. Contact Advocate BK Singh for divorce in Delhi and understand the process through his experience and expertise.
By Advocate BK Singh
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