Legal Question in Family Law in India
I am planning to file a divorce case against my husband.We have a lot of discrepancy between us and hence I have taken this decision. My parents have supported my decision. Our marriage is 2 yrs old. We dont have any children. I am not expecting any form of divorce payouts.
I heard there is a cooling period of 6 months that makes it a mandate to stay together for divorce procedure to proceed legally.Is it true? Can we avoid this incase the divorce is mutually consent.
Also, I would want to have this entire procedure sail smoothly. How do i ensure this.
Your help solicited. Thanks
4 Answers from Attorneys
during the cooling period, it is not mandatory to stay together. the intent behind this gap of y months is to let the couple take a wise decision. you need to see a lawyer and he would file the divorce by mutual consent on your behalf and after six months, you may get the decree.
The requirement of Mutual Consent divorce makes it mandatory for the parties to stay away from each other for 1 year before filing the divorce and once the 1st motion is over then there is a cooling period of 6 months to file for the 2nd motion and then get the Divorce Decree. During this 6 months period again the parties are not suppose to stay together . Staying together has been been defined by Supreme court as it has vast meaning to it.
you don't need to stay together during 6 month's period. The purpose of 6 months period in mutual consent divorce is if you settle the matter /compromise the dispute in this period you can at hearing withdraw the matter and if after six months both parties remain firm on decision of divorce the court will grant divorce by mutual consent. You can consult a local lawyer with full facts of the case.
As answered by the Advocates above, there is no requirement for you to stay together during the 6 months. Mutual Consent divorce takes a minimum of 6 months and if you both agree on mutual consent divorce, its a smooth sail by itself. Kindly contact a lawyer, who will guide you in person after taking into account the facts of your case.