How much time taken mutual divorce and how to way off cooling time/per

876 votes

okay I under stood your question both couple agree to come to court mutieal divorce 6 months mandarery if you want erjancy will file a court to wive of of cooling period and get mutual divorce with in 6 months then required document both arevone party living in where you have to file case that place you have adhar card adress or votervid or bank pass book nd your wedding photos, and wedding card thank you for asked question in law rato

Advocate Bhagya C H LawRato

870 votes

The time taken in Mutual Divorce is 18-24months without waiver of cooling period. The Supreme Court ruled that the clause of Hindu Marriage Act allowing a cooling-off time of six months is not compulsory but just a discretionary. Consequently, the family court in which the divorce proceedings are ongoing can under extraordinary cases, suspend this time if other requirements are met, including the fact that the parties have been apart for longer than 18 months, that all counselling & conciliation attempts to reunite the parties have collapsed, the parties have genuinely settled their differences including alimony, custody of child or any other pending issues. One week after the petition, waiver application can be submitted, providing reasons for the waiver request in the same court.

Advocate Ayantika Mondal LawRato

951 votes

hi, first you need to file a petition for mutual consent and then after 1 week, an application for waiving off cooling off period will be made, maximum court will allow the application and will waive off the said period, and then your case will be referred for mediation and mediation agreements will be done and court will grant divorce,
kindly contact me for any legal assistance and also for filing the case. thanks

Advocate Suma BK LawRato