Mutual Divorce Cooling Off Period: Best Legal Advice in Gurgaon
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The cooling off stage in consensual divorces can be extremely complicated and painful. However, for mutual consent divorce cooling off period is important. So, let's understand this notion and its ramifications, especially if you need the top mutual consent lawyers in Gurgaon.
Hindu Marriage Act Mutual Divorce: Understanding
Section 13B of the Hindu Marriage Act describes mutual consent divorce. The husband and wife agree to divorce, making it more amiable and cost-effective than disputed divorce. To ensure a mutually agreeable divorce, the Act compels couples to live apart for a year before filing.
Separate Living
No, living apart doesn't mean living elsewhere. In Sureshta Devi vs. Om Prakash (1992) case, the Supreme Court defined separation as the absence of a husband-wife connection. This interpretation allows for different living arrangements while complying to amicable divorce laws.
Amardeep Singh v. Harveen Kaur Case
In Amardeep Singh v. Harveen Kaur case, the Supreme Court ruled that the six-month cooling off period after the first motion is optional. This reconciliation and contemplation period can be waived if the term before the first motion expires, mediation efforts fail, and all problems, including child custody and alimony, are settled.
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When is the waiver of the Cooling Off Period possible?
The court may waive the cooling off period under certain conditions. These include ending the separation time before the first move, unsuccessful mediation, and resolving all major problems. In circumstances where postponing the divorce is pointless, this provision speeds things up.
Assuming the complexities of divorce law, mutual consent is a good alternative. However, reaching consent is quite a complicated process, which only an expert lawyer can achieve. It has been observed that many times couples themself wish to have mutual understanding for divorce, but lack of access to good lawyers make the divorce proceedings complicated.
How Expert Mutual Divorce Lawyer in Delhi can Help
Negotiating mutual divorce takes legal expertise. Living arrangements, separation interpretation, and waiving the cooling off period are complicated, therefore speak with experienced mutual consent lawyers.
If you are from Delhi NCR region, and looking for some expert mutual consent lawyer. You can take help from Family Kanoon. Their team can simplify divorce, ensure legality, and provide clarity.