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pratap singh (officer)     19 September 2012

Minimum period required to file mutual divorse

My marriage held six month before on  4th march2012 , after marriage  we both lived  together near about 20 days. After that we both started living separately at their respective working place Delhi and Kolkata. 

We are willing to get mutual divorse as early as possible due to personal differences.  There is no  dispute between family, it is all resolved and both family willing for mutual divorce.

Girl is threatning she will commit suicide if compelled to live togather.

Is it possible to get mutual divorse within one year of marriage? or is it possible in lokadalat?



 6 Replies

rahul (director)     19 September 2012

You married on 4th March 2012 and separated by March end.. say 30 March..

so you file first motion for mutual divorce (13B(1)  around 30th  March 2013 and second motion(13B(2) on 30 Sep 2013.

you will get divorce on 1Oct 2013.

 

1 Like

Guest (Guest)     19 September 2012

The earliest you can file for mutual consent divorce is tomorrow. In case of extreme hardship divorce can be filed within the first year of marriage. The cooling off period will be inescapable though.


Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court

2 Like

rahul (director)     19 September 2012

it very tuff to convince the judge ''extreme hardship''.

1 Like

Guest (Guest)     19 September 2012

One who gives up the battle and embraces defeat before even entering the battlefield is sure to lose.

There have been cases where the courts have decreed mutual consent divorce petitions filed within a year of marriage. They fought and won.

2 Like

pratap singh (officer)     20 September 2012

Is it possible to get mutual divorse through lokadalat within one year of marriage?

Thanks for valuable suggestion,

Guest (Guest)     20 September 2012

A mutual consent divorce is itself a consent based proceeding. Therefore, Lok Adalat will not come into picture.

2 Like

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