How Many Days Does It Take for a Mutual Divorce in India?

Question

How Many Days Does It Take for a Mutual Divorce in India?

17-Jul-2024 (In Divorce Law)

How to Get a Divorce Easily? Can You Get a Mutual Divorce in 1 Week (Hindu Marriage)?

Answers (6)

Answer #1

Adv. Chikirsha Mohanty

Delhi | 200+ Answers

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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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LawRato LawRato · Accepted Answer · 2024-07-17T18:34:39+05:30

Getting a mutual divorce quickly depends on several legal factors. In India, the standard procedure for mutual consent divorce under the Hindu Marriage Act requires a mandatory 6-month cooling-off period, which can sometimes be waived by the court in exceptional cases.

If you want to apply for divorce online or file for mutual divorce quickly, consult a divorce lawyer to explore the fastest legal options.

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Advocate Aveek Bose LawRato · Accepted Answer · 2024-07-17T18:34:39+05:30

Answer #2

Yes, one year of separation must be established before filing for mutual divorce. You can file for mutual consent divorce and request an urgent hearing within a week. A detailed case history and specific facts are crucial for better legal guidance. There is also a higher court judgment that allows expedited proceedings in certain cases. Consult an experienced divorce lawyer for proper legal assistance.

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Adv. Aveek Bose Adv. Aveek Bose

Kolkata | 1000+ Answers

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Advocate Aniket Joardar LawRato · Accepted Answer · 2024-07-17T18:34:39+05:30

Answer #3

If you are a Hindu, Jain, Sikh, or Buddhist, a mutual divorce cannot be obtained in just one week. As per the Hindu Marriage Act, a mandatory six-month cooling-off period is required after filing for divorce. However, in certain exceptional cases, the court may waive this period. Consult an experienced family lawyer to explore possible legal options.

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Adv. Aniket Joardar Adv. Aniket Joardar

Krishnanagar | 100+ Answers

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Advocate Suvajit Ghosh Dastidar LawRato · Accepted Answer · 2024-07-17T18:34:39+05:30

Answer #4

It is not possible to obtain a mutual divorce in just one week. As per Section 13B(2) of the Hindu Marriage Act, 1955, both parties must wait for a mandatory six-month cooling-off period after filing the application in court. This is the minimum waiting period required by law. However, in certain cases, the court may consider waiving this period based on specific circumstances. Consult a family lawyer for further guidance.

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Adv. Suvajit Ghosh Dastidar Adv. Suvajit Ghosh Dastidar

Kolkata | 200+ Answers

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Advocate Abhishek Mukherjee LawRato · Accepted Answer · 2024-07-17T18:34:39+05:30

Answer #5

Warm greetings and respects to you. Various states within the Union of India have made amendments to marriage and divorce laws. However, without further details or a specific questionnaire, it is difficult to provide precise information. Please share more details for better guidance.

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Adv. Abhishek Mukherjee Adv. Abhishek Mukherjee

Ahmedabad | 50+ Answers

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Advocate SK Shahrukh Raja LawRato · Accepted Answer · 2024-07-17T18:34:39+05:30

Answer #6

No, it is not possible to obtain a mutual divorce in one week. After filing the first petition and recording the statements of both parties, the court typically adjourns the matter for six months. After this mandatory waiting period, both parties must appear before the court again for the second motion, confirming their mutual consent for divorce. Only after the second motion is recorded does the court grant the divorce decree.

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Adv. SK Shahrukh Raja Adv. SK Shahrukh Raja

Kolkata | 25+ Answers

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