Divorce by mutual consent

both the parties have to file joint petition /mou seeking mcd u/s 13 B of HMA in the family court of their jurisdiction . 2. The time period to which mcd should be finalize is 6-18 months , but generally it is decided in the second motion means on the very next hearing . 3.you can decide it while you both makes your mou , better give in your second motion in the open court .

Vinay,

Whatever you have understood is correct. Waiting period is 6 months after filing, On this date you have to assure the Judge that, your decision to divorce is final and you are willing to go for divorce for which you may be sent to a mediator. The court will accept your decision and will send you to a mediator, At this time you are allowed to inform the convenient date to the court. You can also ask the very next date, here you both have to sign the MOU in the mediation centre and request the mediator to send you before the Judge on the same day in the afternoon session, divorce will be finalised.

In nutshell,
Mediation is always referred at the first motion stage and after it ,a time starting from six months to 18 months is given to file the second motion where you can rethink on your decision and file for the final motion proceedings. After this only within a week a decree of the divorce is pronounced and awarded by the Judge.That's all.

Advocate Vandana Vaidya has given you a correct picture to your query, i agree to it, nothing more to add to it.

Very useful inputs by all the divorce experts here and hope all concerned can find help.

this 6 months time is nothing but if there is a chance you can settle the marriage in good terms if not then with one time alimony you can draft a MOU and submit in the second motion which in turn pass to mediation center were after final settlement of alimony and signing of MOU before the medation cell you case will be directed again to court and there the divorce will be awarded 

Thanks Everyone for your reply. I have another question, if after filing mutual divorce petition and after 6 months another party is not coming on dates, what all can be possible actions?

In this case any way we can get divorce? Or we have to keep on waiting for her presence ?

In such a scenario Divorce by Mutual Consent  helps to achieve divorce in a shorter period. Section 13B of the Hindu Marriage Act 1955 provides for divorce by mutual consent.