Minimum period for divorce by mutual consent

 

 You need to wait for one year for getting the marriage dissolved by mutual consent as there has to be separate living of both parties for one year or more before the petition for divorce by mutual consent can be filed in Indian court. 
Living separate means not living in husband and wife relationship even if both live under the same roof. What is important no intention to live like husband and wife or have relationship, place of living is not important.

I agree with Sainath Devalla. He has provided you the solution so act upon it.

Dear sir,

Only sc can waive of the period.

Regards,

Adv. Nitish Banka

9891549997

i agree with sainath devilal sir and other some senior opninion you must wait for one year and after you file case in court for divourse 

 

Dear Querist you may file a mutual consent divorce u/s 13B of Hindu MArriage Act within one year of the marriage or before the one year of separation but you should have to file an application u/s 14 of Hindu Marriage Act-1955 and satisfied the court that this is a matter of exceptional hardship. Read the section 14 of Hindu Marriage Act-1955 carefully which is mentioned below: 14 No petition for divorce to be presented within one year of marriage .— (1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, 28 [unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage: Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented 29 [before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the 30 [expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the 31 [expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed. (2) In disposing of any application under this section for leave to present a petition for divorce before the 32 [expiration of one year] from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the 33 [said one year].