After the pronouncement of the judgment by Supreme Court of India on waiving of six months for the purpose of mutual divorce, there is a huge relief for the parties who were not willing to wait for six months for mutual divorce.Before the pronouncement of the landmark judgment parties were to move to Supreme Court under the provisions of Article 142 of the Constitution of India to seek the permission of the Hon. Supreme Court to wave off six months. But after the pronouncement of judgment on September 12 by Hon. Justice Adesh Kumar Goel and Umesh Lalit,power to wave off six months have been provided to the concerned court where the matter is pending between the parties. It means that now the Family Court located within the district have the power to wave off six months but only after the considering the conditions laid down in the above-mentioned judgment passed by the Hon. Supreme Court judges.The procedure in the above-mentioned judgment procedure for waiving of six months duration is very simple.First file the mutual divorce petition and thereafter upon the expiration of seven days,file again an application for waiving of six months by fulfilling the conditions laid down in the judgment passed by the above-mentioned honorable courts. After considering the facts and conditions laid down by the parties according to the above-mentioned judgment, Family Court District Judge may allow the waving of six months for the purpose of mutual divorce.
Advocate Pradeep Kumar khatana
Pradeep K Khatana