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Gunjan   21 November 2021

How ling will it take in mutual divorce

How long will a court take to pass a decree of mutual divorce which is filed within one year of marriage due to exceptional circumstances?

Will it be a faster process than petition for annulment of marriage u/s 12(a) of HMA?


Learning

 4 Replies

Shashi Dhara   22 November 2021

Six month's in usual .

Anaita Vas   22 November 2021

Mutual Consent divorce is filed underSection 13B of Hindu Marriage Act 1955. It is filed jointly by the husband and the wife. Both husband and wife decide on maintenance, child custody, property and investments. No grounds is required. It takes a short time ranging from 18-24 months. A common lawyer for both the parties is sufficient. 

Within six months, a divorce by common agreement can be acquired, but no petition in such a case can be filed within the first year of marital relationship. Between the first and second motions, there must be a six-month gap. In some cases, the court may disclaim the cooling-off period. So, in the case of mutual consent divorce, it typically takes 18-24 months. 

Read the article and case law mentioned below to get a clearer picture of your query.

Article - https://www.thehindu.com/news/national/sc-sanctions-divorce-to-couple-without-six-months-cooling-off-period/article25237873.ece

Case Law - Amardeep Singh vs Harveen Kaur on 12 September, 2017

 

Regards, 

Anaita Vas

 

 

P. Venu (Advocate)     22 November 2021

It is impossible to suggest a definite timeframe 

Dr J C Vashista (Advocate)     24 November 2021

Minimum one year of married life is a must for mutual consent divorce, however, it can be waived u/s 14 of HMA.

In a MCD case 6 Months cooling period can be waived by the Court, otherwise, it is minimum 6 months for MCD.

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