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3 yrs ago

Anonymous asked a question

Is the statutory cooling off period for six months mandatory in divorce cases?

Category : Family Law

views: 1417followers: 2 answers: 6


  1. 3 yrs ago

    Advocate Abhishek Goyal
    Administrative & Public Law

    The statutory cooling off period of six months can be waived by the court on its own discretion and upon fulfillment of certain conditions as laid down by the Hon'ble Supreme Court of India in Amarjeet's case. 

    Agreed (1)
  2. 3 yrs ago

    No it is not mandatory now as the apex court has already passed a judgement stating that cooling off period is not mandatory and further it depends upon the facts and circumstances of the case

    Agreed (1)
  3. 3 yrs ago

    Advocate EKTA
    Civil Law

    no, now its not mandarory and it depends on facts and circumstances of particular case and discretion of the court.

    Agreed (0)
  4. 3 yrs ago

    last year apex court has cleared this that the cooling off period for six months is not mandatory by directory and the court may consider to wave.

    Agreed (1)
  5. 3 yrs ago

    Advocate Sunita Chola
    Appellate Litigation

     Six months cooling period is a rule in the divorce process but  can be waved by court in exceptional cases .

    Agreed (1)
  6. 3 yrs ago

    No, it is not mandatory. If the court deems fit, then it can waive off this cooling period. 

    Agreed (0)

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