Divorce by Mutual Consent in Kolkata

98 votes

The laws that govern divorce and adoption between Hindu parties to a marriage are the Hindu Marriage Act�of 1955 and the Hindu Adoption and Maintenance Act�of 1956, respectively. These divorce rules and regulations extend to the whole of India including West Bengal. Please find the responses to your questions below:

1. In a Divorce by Mutual Consent, the minimum period of one year's separation is typically mandatory. This separation period is a legal requirement to establish that the marriage has irretrievably broken down. Courts usually expect proof of the one-year separation period, such as a separate residence or communication records, to validate the claim.

2. It is not legally permissible to remarry without obtaining a divorce from the existing spouse. Doing so would be considered bigamy and is a criminal offence under Indian law. It is essential to obtain a legal divorce before entering into a new marriage.

3. Adoption of a child by any person, including someone who is married, requires the consent and legal approval of all parties involved. The consent of the current spouse is crucial in such matters, and the adoption process must follow the legal procedures and requirements as outlined by the adoption laws in India.

4. The time it takes to obtain a divorce can vary depending on various factors, including the court's workload, the complexity of the case, and the efficiency of the legal process. On average, it may take approximately 6 to 18 months to complete the divorce proceedings. However, it is important to note that this timeline can vary significantly based on the specific circumstances of each case.

5. The total cost of a divorce by mutual consent may vary depending on several factors, such as lawyer's fees, court fees, and other related expenses.

LawRato LawRato

643 votes

1. Yes.

2. no it is bigamy and it's a crime.

3. no. it is illegal.

4. it depends on many factor such as nature of divorce or court or lawyers etc.

5. cost depends on court.

call me to know more.

Advocate Arnab Kumar Banerjee LawRato

547 votes

If both husband and wife agreed for divorce then file a joint petition for divorce by mutual consent under section 13B of the Hindu marriage Act, 1955. And minimum one year separation is required for filing mutual consent divorce petition.

In mutual consent divorce two important things are child custody and alimony matter , every thing is fixed by both parties free consent.

Mutual consent divorce takes 6 months time. And cooling period for mutual consent divorce is 6 months.
For mutual consent divorce both the parties required to wait one year from the date of marriage.

And the 6th months cooling period can be waived
The waiver application can be filed one week after the first motion giving reasons for the prayer for waiver.
the waiver of the waiting period for the second motion will be in the discretion of the concerned Court.
and fees vary from lawyer to lawyer .
And without divorce of the first marriage second marriage is illegal.

Advocate Dhrubaraj Bhowmik LawRato

897 votes

1. Yes it is mandatory but can be curtailed from previous year.
2. No, it is an offence, termed bigamy
3. No. Only with consent.
4. 7 to 8 months
5. Depends on which jurisdictional court your case will be filed

Advocate Aveek Bose LawRato