Legal Question in Family Law in India
I filed a divorce petition in march'19 and have been living separately from my husband since then. Post filing the petition my husband and I signed the papers with the court counseller agreeing for a divorce with mutual consent in july'19. After this I was told by my lawyer that I need to wait for a year to be eligible for filing a mutual divorce (completion of 1 year of separation in march'20) and then wait another 6 months after that before I can get the final divorce. However I recently read that in 2017 the Supreme court had passed a judgement that in case of a mutual divorce the 6month cool off period can be waived off which my lawyer never told me about. Is it true that the 6 month cool off period can be waived off?
1 Answer from Attorneys
yes , six months cool off period after first motion can be waived off by the courts under special circumstances such as going abroad, second marriage or any other urgent reason.
Regards