Divorce Advice Divorce Advice

2 years ago

I want divorce from my wife, can it be possible to waive off mandatory 6 month cooling period & get it asap, also she is in nagpur, so which state is preferable in terms of quickest divorce, also my working so how can i divorce her without paying her any compensation

Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.she is in nagpur but in which state are you ?
mutual divorce only have 6 months cooling off period which does not have any compensation.
so for compensation in mutual divorce, it depends on both of you.

we had done divorces without going to court (online) and even in less than 3 weeks but it depends case to case.
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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
mutual divorce can happen with the consent of your wife at any place. Cooling period may be waived at the discretion of the Court if there are valid grounds.
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ARSHAD ALI ZAIDI ADVOCATE

Responded 2 years ago

A.The cooling-off period can be waived by the court at the request of the petitioners. It depends on the discretion of the court. If your wife divorces with mutual consent and in it you are conditioned that you will not give any maintenance money to your wife in future and if your wife agrees then you can avoid the maintenance amount otherwise.
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Abhimanyu Shandilya

Responded 2 years ago

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A.Cooling off period can be waived off by the Court on request of the petitioners. All the states almost take similar time to resolve the MCD and regarding the alimony you need to get her in agreement.
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Akhila Krushna Mohapatrra

Responded 2 years ago

A.The place where the marriage has been solemnised,only the court under which it is situated the suit can be filled ,within 1 year of marriage suit can not be fillled .
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SONALI PRASAD

Responded 2 years ago

A.U/S 13 B (2) of HINDU MARRAIGE ACT 1955 it is compulsory to stay together for 6 month cooling period to relaxed by trail court in certain situation, and as one of you l who are seeking for divorce if if it is mutual then can file waiver application and after a week of filing that application the first motion of the matter will begin.
The Top Court i.e Supreme Court said that conducting such proceeding the trial court can also use the medium of vedio conferencing and permit genuine representation of the parties through the close relation such as parents , sinlings of both the parties.
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Abishek Rajmohan

Responded 2 years ago

A.Hi,

the 6 months "cooling period" applies only for mutual consent divorce, so Kindly specify if you are seeking assistance in respect to mutual consent divorce or divorce on other grounds (living separately, cruelty , etc).

With current covid scenario I don't think anyone can guarantee or even tell you how long it would take.

The jurisdiction to file divorce petition can be within the local limits of District/family Court -
where the marriage was solemnized, or
where the respondent, at the time of the presentation of the petition, resides, or
the parties to the marriage last resided together.

If you are regarding to compensation as "Permanent alimony and/or maintenance" ,it would entire depend on you and your spouse's intention.

If you can provide further details of your case, it would be easier to answer your queries and provide you with the best practical solution.
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Anik

Responded 2 years ago

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A.Hi,
It is mandatory. You will have to pay for the maintenance as well.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
No, that is statutory requirement. You will have to pay for her maintenance but that is subject to court's order.
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