Now a days lot of Divorce cases are filing in and around Chennai due to its growth towards the cosmopolitan atmosphere. Chennai witness changing in partners within and outside the matrimonial tie up. Many matrimonial sites are targeting the handsome and the It beauties as a marriage setter. And these sites also promotes divorce matrimony services. Many social media for dating now creates troubled waters in the family life. On this is the situation prevails in Chennai, the people need quick divorce to continue a life with a upcoming partner.
As per the Supreme Court Judgment in Amardeep Singh Vs Harveen Kaur the supreme court of India has waived the cooling period for the period of 6 months on following conditions:-
- If the husband and wife has genuinely settle their differences in the matrimonial dispute
- If the portion of the alimony was jointly decided and accepted by both the husband and wife
- If the child custody and visitation rights are made clear between the husband and wife
- If all the pending cases relating to the matrimonial cases are put to an end and no more cases pending between the husband and wife at the time of filing the mutual consent divorce petition.
On the above conditions the Supreme court of India feels the waiting period will only prolong their agony. In such a situation it recommends the court dealing mutual consent divorce if it is satisfied that a case is made out to waive the statutory period under section 13 B (2) of the Hindu Marriage Act, it can do so after considering the above conditions imposed by the Supreme court of India.
On exercising the [powers under the Article 142 (2) of the constitution of India, the constitutional bench of the supreme court of India has viewed if there is a settlement between the parties the trial court has discretion to dissolve the marriage by passing a decree of divorce by mutual consent, without being bound by the procedural requirement. ( Shilpa Sailesh Vs Varun Sreenivasan).
On the observation and removal of the mandatory part of the procedure in mutual consent divorce now Chennai courts are granting divorce within 13 to 20 days from the date of filing the mutual consent divorce.
The parties to the divorce must very clear about their alimony, maintenance of the child, return of articles, custody of the child and closure of the other matrimonial cases, then they can file the Mutual consent petition before the Family court at Chennai. The court on going to petition and if it found that the petition is in accordance with the law and the filing procedure then it will number within 2 to 4 working days. The parties can move a petition for waiver of the statutory period after 7 days of numbering the petition along with dispense with and other necessary petition, then the family court post the matter before the mediation. The mediation will be conducted on three consecutive days and on the basis of the mediation report if it is fit case under the supreme court judgment then the family court consider the petition and after adducing the evidence from both the parties will grant divorce immediately on the next working day.
Talk to the Top mutual Consent Advocate : 9962999008
