top of page
Search
Writer's picturethelila500
Dec 30, 20223 min read

How I Request To Reduce The Cooling Time?

Mutual consent divorces are lawful and occur when a husband and wife mutually decide to end their marriage and petition for divorce. Simply defined, a divorce that was mutually agreed upon by the husband and wife is known as a divorce by consent. Both the husband and the wife are entitled to seek a divorce decree that terminates their marriage on more than one of the grounds stated in Section 13 of the Hindu Marriage Act of 1955.

Section 13-B provides information on the prerequisites for consent divorce (divorce by mutual consent).

  • The separation of spouses has been going on for a year or more.

  • They have not been able to live in harmony.

  • They currently agree to end their marriage.

The waiting period described in Section 13(B) of the Act is advisory, and in extraordinary cases where proceedings are ongoing, the court may decide to waive it. If the parties have agreed that the marriage must be dissolved because they are unable to live together and have been living separately for a year or longer, then the petition filed under this paragraph is maintainable.



Request to reduce cooling off period:

Once the initial motion has been made, the waiver application may be made. It should contain the grounds of waiver. If the aforementioned requirements are completed, the relevant Court may decide to shorten the waiting period for the second motion.

When a court handling a case determines that there is sufficient evidence to waive the statutory period under Section 13B (2) of the Act, it may do so after taking the following into account:

  • The six-month waiting time outlined in Section 13B (2), in addition to the one-year waiting period outlined in Section 13B (1), had already passed before the initial motion itself.

  • All attempts at mediation or conciliation, including those made in accordance with Order XXXIIA Rule 3 CPC, Section 23(2) of the Act, and Section 9 of the Family Courts Act to bring the parties back together, have been unsuccessful, and future attempts have no chance of succeeding in doing so either.

  • The parties' outstanding disputes, including those regarding alimony, child custody, and other matters, have been fully resolved.

  • Their suffering will only grow worse while they wait.

Case Laws:

  • In the Manish Goel v. Rohini Goel case, the Supreme Court determined that it was unlawful to waive the six-month deadline for making the second motion under Section 13B of the Act by using Article 142 of the Constitution grants the Court some authority. In general, a court cannot force someone to act in a way that is against the law, and it also cannot order an authority to do anything that is against the law. The court's role is to uphold the rule of law, not to impose orders or give guidance that is illegal.

  • The Supreme Court stated in Naveen Kohli v. Neelu Kohli that the cooling-off period was superfluous and an extraneous practice in cases when both parties jointly petitioned the court to dissolve a "substance-less" marriage.

  • Finally, the Supreme Court ruled in Amardeep Singh v. Harveen Kaur that this provision was only directory and not required.

It should be emphasized that Section 13B was intended to allow the parties to end a marriage by consent if it had irretrievably fallen apart and to provide them the opportunity to repair the marriage using available options. The amendment was prompted by the idea that forcing unwanted couples to stay married served no useful purpose. The cooling-off time served to discourage hasty decisions if there was a potential that disputes may be handled in another way. The intention was not to prolong a pointless union or the misery of the parties when reconciliation seemed unlikely. Even though every attempt should be made to preserve a marriage, the court should not be powerless to give the parties a better choice if there are no prospects for reconciliation and new rehabilitation.


For applying to reduce the cooling-off periods it is advisable to consult a lawyer. If the petition is filed in Delhi then Divorce Lawyers In Delhi can be consulted. Divorce Lawyers In Faridabad can also be consulted if the petition is filed in Faridabad. Likewise, if the petition is filed in Noida then Divorce Lawyers In Noidacan be consulted.

You can also contact Lead India. We have experienced lawyers who can guide you about the cooling-off period. You can ask a legal question and talk to a lawyer and can even seek free legal advice.


Call Us: - +91-8800788535


2 views0 comments

Comments

Post: Blog2_Post
bottom of page