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WAIVING OF 6 MONTHS TIME IN MUTUAL DIVORCE

Hello friends, today we will see how the stipulated period / cooling off period of 6 months can be waived off fighting a case for mutual divorce. Generally when parties come to an agreement that they shall be seeking divorce on mutual terms, the same is completed through court of law by filing two motions / petitions commonly termed as First Motion and Second Motion. Now, what is important here to note here is that there are certain conditions and only upon fulfilment of the same, these 2 motions be filed and the same is enumerated as hereunder:-

  1. Both husband and wife before filing a petition for mutual divorce i.e. First Motion are required to be living separately for atleast a period of 12 months. Living seperately here means that both the parties have not lived as husband and wife for the last 12 months. Even if both parties are residing under the same roof, it can be said that they have lived separately provided that they have not lived as husband & wife i.e. not cohabitated for period of last 12 months.
  2. After the completion of the first motion, both parties are required to wait for a period of further 6 months, after which the parties can once again approach the court of law and thereby apply for second motion by filing a petition supported with documents. The same can be done within a maximum period of 18 months from expiry of date of order passed in first motion.

NOW, in recent times, it is observed that the cooling off period of 6 months i.e. time period between the 2 motions, can be waived off by filing an application immediately after passing of the first motion provided the parties were living separately for at least a period of 18 months before filing of the first motion. This means that in case both husband and wife have been living separately for a period of 18 months before filing of the 1st motion, in such a scenario, an application may be filed along with filing of petition for second motion, soon after the first motion without waiting for the statutory period of 6 months.

Once both motion are complete, the parties are entitled to get the decree of court showing that the parties are now divorced.

I hope the information shared will be helpful to all the readers.

Thanks 

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