Divorce by mutual consent what is the procedure


Myself and my wife had been married for around 10 years under Hindu Marriage Act and due to indifferences, I had been living separately from past 3 years. I had applied for contested divorce in september, 2016 which is still pending in the court, though the same had been converted to ex parte as my wife had refused earlier to accept the summons and appear in court. Now, wee both had decided to go ahead for divorce by mutual consent. 1. Is it possible to convert the present case from contested to mutual divorce. 2. Whether cooling period of 6 months can be waived off in the present case and decree can be granted immediately after submission of deed to family court. 3. Whether application for weiver of cooling period need to be submitted to family court only or it needs to be submitted to high court.

Answers (3)


71 votes

If your wife is agreeable for divorce, she may admit your petition without admitting allegations. You may pass a pursis withdrawing allegations. Straightway decree of divorce can be passed without waiting for 6 months period


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82 votes

You can convert your petition in to mutual consent as sec. 13 B of Hindu marriage act.
Non other then high court or Supreme Court can pass order of cooling period so wait for 6 month and you don't need to submit 6 month wave application in family court.

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209 votes

Where you have filed your divorce case? I mean which city. There is a cooling period of 6 months. But you can save that without applying for waiving the same. For that stage of your current case and court is must. Then you can get it immediately.

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