After
filing a mutual divorce petition, waiting for a period of six months is called
'idle time period'.
Six
months of "passive time period" can be waived after the recent
Supreme Court verdict if all attempts to mediate and consolidate the parties
have failed. If the parties remain separate from at least one year ago then
leaving them can be considered. It has been said that only a week after filing
a divorce petition, both parties can apply for exemption in the idle time
period and the court will call upon them to leave the period.
The
court clarified that the period mentioned in section 13B (2) is not mandatory
but the direction code, and it will be open to the court to exercise its
discretion in the facts and circumstances of each case, where the parties
should restrain the sexual intercourse There was no possibility and there was
the possibility of alternative rehabilitation.
Therefore,
in those cases, the cooling period, where the parties have actually resolved
their differences, in which the child is detained or any other pending issue
between the parties and the waiting period will only increase their sufferings,
and therefore can be left to them. If the court seems to have it.
If your
marriage is completed under the Hindu Marriage Act, 1955, then you have nine
grounds for divorce given in section 13 of the Act, under which you can file
your
petition to divorce your partner.
You can
file for divorce on the following grounds:
A. If a
spouse is expected to hear or see 'naturally' some people for a continuous
period of seven years, they are not seen or heard alive;
B. If
after marriage, he has had a voluntary sexual relationship with another person;
C. If
he is dealing with you with cruelty;
D. If
he has left you for a continuous period of less than two years before the
presentation of the petition;
It
depends on the complexity of the situation; there is no time for this, under
which you can get an order for divorce from the court.
The
above figures are available for both husband and wife; however, there are some
additional grounds available only for the wife; for example, if a husband is
guilty of rape, maternity or animal husbandry after marriage, you can ask for a
divorce.
But if
you were married before getting the age of 15 years, you can ask for a divorce
but you can do it before getting the age of 18 years.
Divorce
petition can be filed in the family court of the jurisdiction of your marital
home i.e. the house where you live or in which the last time you were married
or living as a married spouse. Women can either file a petition in a family
court that has a marital home or in the jurisdiction of the family court of the
area where she is staying at the time of filing the petition.
Regardless
of the type of divorce (reciprocal or competition), it is mainly the most
important that can represent or guide you in the process of divorce.
Consult
an experienced and good divorce lawyer. There are many instances where direct
divorce has become complicated too, and only divorce counsel can answer
specific questions about your circumstances. Even if you represent yourself,
one hour consultation with the lawyer will help you prepare better.
