DIVORCE BY MUTUAL CONSENT-NEED ASSISTANCE

 There is no requirement of proof of separation. Mere affidavit of both the parties with effect that they are living separately since last 1 year, is enough.

Mr. Vishal

Period of 6 month is not mandatory. It is settled law that as provided in sub section (2) of section 13-B of Hindu Marriage Act,1955; the period of 6 months can not be taken as mandatory, because if it is mandatory the very purpose of liberalized concept of divorce by mutual consent will be frustrated, especially  when the parties have live separately and there was no chance of reunion.

You may rely on this ruling of Madras High Court  (K. Thiruvengadam     v.      Nil,      AIR 2008 MAD 76)

Thanks Mr. Ansari ji for sharing the information.

Is Marriage Certificate mandatory while filing Mutual Consent Divorce ? Some one told me that Marriage Pictures & Wedding Card copy would do.

6 months period cannot be waived off by a lower court. only supreme court or high court can do it, by the time u reach conclusion of case in  high court /supreme court already 6 months are wasted.

If you dont have marriagr registration certificate, definitely you can attach phographs of marriage.It will work.

Thanks Ansari ji.... need to confirm if the waiver of 6 months after filing Mutual Conscent Div. is done by the High Court or it can be done by the lower family court of the city as well.?

Also, if after 6 months the girl's side doesn't respond to the MCD filed than what will happen to the case. Will the divorce be granted or it will kept as pending.?