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how much time it will take for mutual divorce in india and what procedure?
03-Jun-2024 (In Divorce Law)
We are married for 4 years now. We wanted to know the procedure for mutual divorce and how many days it will take for mutual divorce ?
A mutual divorce in India generally takes 6 to 18 months to complete. This duration includes a mandatory six-month cooling-off period after the initial filing, designed to give the couple a chance to reconsider and potentially reconcile. In some cases, the court may waive this cooling-off period, which can speed up the process. However, the overall timeline can vary depending on factors like court backlogs and the specific circumstances of the case.
If you and your spouse have reached an understanding with regard to the terms and conditions of the divorce in respect of maintenance amount,child custody,property division, etc, you can file a petition for mutual consent divorce in the district family court.The petition for mutual consent divorce shall be drafted based on the terms and conditions decided between the two of you.
Petition for mutual consent divorce can be filed at any of the following place:-
If you and your spouse have reached an understanding with regard to the terms and conditions of the divorce in respect of maintenance amount,child custody,property division, etc, you can file a petition for mutual consent divorce in the district family court.The petition for mutual consent divorce shall be drafted based on the terms and conditions decided between the two of you.
Petition for mutual consent divorce can be filed at any of the following place:-
?�� �Place where marriage had taken place
?�� �Place where husband and wife last resided together.
?�� �Place where wife is residing at the time of filing of the petition.
?�� �Place where husband and wife last resided together.
?�� �Place where wife is residing at the time of filing of the petition.
As per the Hindu Marriage Act such petition can be moved jointly by both the parties under Section 13B of the Act on the grounds that:
�
?�� �have been living separately for a period of one year or more,
?�� �have not been able to live together and
?�� �have mutually agreed that the marriage should be dissolved.
?�� �have not been able to live together and
?�� �have mutually agreed that the marriage should be dissolved.
The Court shall then record the joint statement of the parties and pass a first motion order giving a time period of 6 months to the parties to resolve their dispute, but in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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Under Section 13B of the Hindu Marriage Act (HMA), a mutual consent divorce can be sought by filing a joint petition before the family court provided both the parties to the marriage have been living separately for at least one year or more and have not been able to live together. The procedure and time taken for mutual divorce under Section 13B of the HMA typically involves the following steps:
Filing of the joint petition: Both parties must jointly file a petition before the family court stating their mutual consent to divorce. The petition should include the grounds for divorce and the terms of the settlement regarding issues like alimony, child custody, and property division.
Cooling-off period: After the filing of the joint petition, the court typically grants a mandatory waiting period of six months known as the "cooling-off period." During this period, the court encourages the parties to reconsider their decision and attempt reconciliation. The purpose of this waiting period is to provide an opportunity for the couple to reconsider their decision and explore the possibility of reconciliation.
Second motion: After the completion of the cooling-off period, both parties must appear before the court for the second motion. During this stage, the court reviews the joint statement made by the parties and verifies their mutual consent for divorce. If the court is satisfied that the consent is genuine, it may pass a decree of divorce.
In India, the time taken for a divorce by mutual consent under Section 13B of the HMA can vary depending on factors such as the court's workload, the availability of dates for hearings, and the efficiency of the legal process in your jurisdiction. Generally, it takes around 6 to 18 months to obtain a mutual consent divorce, including the mandatory cooling-off period.
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Adv. Siddhant Sharma
Adv. Siddhant Sharma
Delhi | 5+ Answers
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It takes 6 months and two motions.
In first motion the lawyer will file a petition signed by both parties in court. Court will accept it. After this a second motion is filed after 6 months and divorce is final.
Your presence will be required for two hearings in court. It is a hassle free process.
Please contact for future course.
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The answer as per your query is that the process of mutual divorce will take minimum 2 months in Delhi. if you have settled your disputes only after that you can file mutual divorce. For more details kindly contact.
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Adv. Prachi Goel
Adv. Prachi Goel
Delhi | 50+ Answers
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