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Welcome To Contract Easily! ( Consult, Contract, Share,download Legal Matters Easily )
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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
An "Application under Section 151 CPC (Code of Civil Procedure) for Waiving Off or Condoning the Period of Six Months for Moving the Second Motion under Section 13-B of the Hindu Marriage Act" is used in India when spouses seek a waiver of the mandatory waiting period of six months for divorce by mutual consent. It allows them to expedite the divorce process. Here's a brief guideline on its use and common mistakes to avoid:
Usage:
Justify the Request: Clearly state the reasons for seeking a waiver of the waiting period, such as exceptional circumstances or irretrievable breakdown of the marriage.
Select the Correct Court: File the application in the appropriate family court or jurisdiction where the original divorce petition was filed.
Complete the Application: Accurately fill out the application, including the names of both spouses, case details, and the grounds for the request.
Attach Supporting Documents: Include any relevant documents or evidence that support your case for a waiver.
Legal Representation: Consult with a family law attorney to ensure the application is properly drafted and submitted.
Common Mistakes to Avoid:
Lack of Valid Grounds: Ensure that your reasons for seeking the waiver are legally valid and compelling, as courts typically grant waivers in exceptional cases only.
Incorrect Court Selection: File the application in the appropriate court or jurisdiction to avoid delays or rejections.
Incomplete or Inaccurate Information: Provide all required information accurately and completely to prevent issues during the application process.
Lack of Legal Counsel: Seek legal advice to navigate the complexities of family law and court procedures effectively.
Failure to Attend Court Proceedings: Attend all scheduled court hearings related to your application to demonstrate your commitment.
Applying for a waiver of the waiting period under Section 13-B(2) of the Hindu Marriage Act is a legal step to expedite divorce proceedings. By adhering to these guidelines and avoiding common mistakes, you can increase the chances of a successful application and a swifter resolution of your divorce case.