Legal Question in Family Law in India
I filed a Dowry case against my husband and in-laws.
If I file a Divorce case, how much time court will take to grant divorce to me. Somebody told me that even if both the parties agree the court still gives mandatory 6 months to both the parties to think before granting final divorce.
As I am already living seperately from my husband for more then 6 months, so now assuming hypothetically, if I file a Divorce case, will I get the Divorce quickly or will I have to wait mandtorily for 6 months before getting Dovorce
4 Answers from Attorneys
The mandatory waiting period of six months will apply from the date of filing of the case.
the court does have the power to condone the six months period.
along with your petition of divorce by mutual consent, you need to file an application u/s 151 of civil procedure code for waiving off the period of six months between both the motions of divorce. the courts are liberal nowadays and the period would be condoned easily. sometimes, the divorce is even granted within one...i.e. the statement in both the motions recorded on the same day and divorce is granted. all the best.
Yes if you file a divorce without the consent then it will take a long time but if you both are agreed only then mutual divorce will be granted within 6 months and if you will file an application to waive off the 6 months time period then it is discretion of the court to consider this point and waive off your 6 months time.
Your further clarification is welcome at nominal consultation fee;
Regards
KAMAL GROVER,
Advocate (Chandigarh, India)
M:+919814110005
e-mail: [email protected]
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