How to fast track divorce by mutual consent

296 votes

If your sister and her husband have never lived together nor want to do that in the future and are both willing to mutually divorce each other, they can pursue a mutual consent divorce, which is generally considered a faster and more amicable way to obtain a divorce in India. Here are the steps involved:

1. File a joint petition: Both parties must file a joint petition for divorce before the appropriate family court. The petition should state their mutual consent to divorce and include the terms of settlement regarding alimony, property division, and any other relevant issues.

2. Attend counselling: In some cases, the court may require the couple to attend counselling sessions to explore the possibility of reconciliation. However, if both parties are firm in their decision to divorce, counselling may not be mandatory or may be expedited.

3. Waiving the cooling-off period: As per Section 13B(2) of the Hindu Marriage Act, there is a mandatory waiting period of six months (the cooling-off period) from the date of filing the joint petition before the court can pass a decree of divorce. However, in certain exceptional circumstances, the court may waive the cooling-off period upon satisfaction that the marriage has irretrievably broken down.

4. Decree of divorce: After the completion of the cooling-off period or its waiver, if the court is satisfied that both parties have freely and voluntarily consented to divorce, it will pass a decree of divorce.

The time taken to obtain a mutual consent divorce can vary depending on factors such as the workload of the court and the efficiency of the legal process in your jurisdiction. Generally, a mutual consent divorce can be completed within 6 to 18 months, but it can be expedited if both parties are cooperative and all necessary documents are provided in a timely manner.

To get a divorce fast, it is important to ensure that all legal requirements are met and that both parties cooperate in filing the joint petition and providing the necessary documents.

It is advised to work out a solution with an experienced family lawyer who can help streamline the process and address any potential hurdles along the way. You can contact me if you'd like my help.

LawRato LawRato

869 votes

Divorce by Mutual Consent is as the name suggests is when both parties ie; husband and wife comes to a mutual understanding that the marriage be dissolved amicably. It is clear that one of the parties may withdraw their consent at any time before the passing of the decree. The most important requirement for grant of divorce by mutual consent is free consent of both parties. The most important requirement for a grant of divorce by mutual consent is free consent of both the parties. In other words, unless there is a complete agreement between husband and wife for the dissolution of the marriage and unless the court is completely satisfied, it cannot grant a decree for divorce by mutual consent.

The Conditions required under section 13B of the Hindu Marriage Act are as follows:
(i) Husband and wife have been living separately for a period of one year or more,
(ii) That they are unable to live together,
(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed, hence marriage should be dissolved.

Under these circumstances a Divorce by Mutual consent can be filed.

Advantages of mutual divorce
Divorce by Mutual consent saves time, money and energy for both,
Leaves no room for unnecessary quarrel and most importantly avoid washing your dirty linen in public.

Steps in Court Procedure (13 B)

In all there are two court appearances in a mutual divorce
1. First A joint petition signed by both parties is filed in court. Secondly In the first motion statement of both parties are recorded and then signed on paper before the Honourable Court.
2. Thirdly The 6 month period is given for reconciliation, (the honourable court gives a chance to the couple to change their mind)
3. Fourthly 6 months after the first motion or at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.
4. Divorce decree will be granted as the Honourable Court may deem fit.

Formalities to be complied with
(a) A petition is to be presented jointly by the parties to the marriage.

(b) The parties have been living separately for a period not less than one year. It is doubtful whether it was intended by the legislators that the parties have lived separately by mutual consent or by force of circumstances or situation.

But it does not seem necessary for the court to go into that matter provided the condition of separate living under the same roof of matrimonial home or in separate residence by the parties is satisfied. Unless the consent of any of the parties to such petition is vitiated by coercion, fraud or undue influence, the court ought not travel beyond the statutory condition of its jurisdiction.

(c) The parties have failed for any reason whatsoever to live together. In other' words, no reconciliation or adjustment is possible between them.

(d) The parties have freely consented to the agreement of dissolution of marriage.

(e) The parties are at liberty to withdraw the petition. It seems that the petition may be withdrawn even at the instance of one party in course of six months from the date of presentation of the petition. But when a joint motion is taken by the parties after the lapse of six months but before the expiry of eighteen months from the date of presentation of the petition for making inquiry, the unilateral right of a party to withdraw the petition appears to be barred. But in Sureshta Devi v Om Prakash it has been held that a party to a petition for divorce by mutual consent can unilaterally withdraw his or her consent.

(f) The court must be satisfied as to the averments in the petition after making inquiry and after hearing the parties which are initiated by a joint motion of the expiry of six months from presentation of the petition. The expression "after hearing the parties" appearing in sub-section (2) of section 28 of the Act does not require the presence of the parties before the court. Affidavit-evidence is sufficient for this purpose by virtue of section 40 of the Act which attracts the ­ Code of Civil Procedure 1908 and which provides in Order 19 for proof of any point by affidavits.

Advocate Ajay NS LawRato

523 votes

At any rate,it will take minimum six months.

After filing, parties are called upon to wait for six months period . This six months period in mutual consent divorce is generally called cooling-off period. Six months period are given to parties to think their relationship again. It is given for reconciliation.For waiving of 6 months statutory cooling period, you can approach Supreme court.

After six months period, if parties have been unable to resolve their differences, they will have to appear in the Court again. Statement of parties would be recorded again.

During the period of six months i.e. before moving second motion, both parties have liberty to withdraw their consent for divorce.

After this Court passes an order dissolving the marriage by granting decree of divorce and thereby marriage stands dissolved.

LawRato LawRato

993 votes

There is no easy way out for you other than to get a decree of divorce from a family court of competent jurisdiction. It can take for a period of 6-8 months after filing of the petition for divorce. Even for the matter of a remarriage in future, people stress on decree of divorce. So the same is inevitable for her for a better future. Anything further, you can contact me

Advocate R. Madhuraj LawRato

726 votes

If you are looking for the mutual divorce both the husband and wife jointly file a petition before the fmily court.Both the couple should go for the counselling before filing the chief affidavit.Six months time is mandatory.

Advocate Sindu R Kurup LawRato

962 votes

Normally six to one year time is required mutual divorce. As per law six months waiting period I s there. But decision of the court are there to waving the period of six months if there is sufficient reasons...

Advocate Girish K. Raj LawRato

350 votes

The answer to your question about how to get a fast divorce is to go for a mutual consent divorce. After the first year of marriage has been completed, which is the case with your sister, then you could get a decree of divorce between 6 to 18 months time. While there needs to be a six-month mandatory gap between the first filing and final divorce motions, under specific circumstances, this period can be waived.  Normally, a mutual consent divorce takes between 18 to 24 months. The divorce will come through quickly if you hire a competent lawyer who will ensure that all required documents are in order so that no delay happens due to missing or incomplete documents.  The lawyer will also help in reaching a mutual consensus about maintenance and/or alimony and/or child custody. Furthermore, filing for divorce online can also make the process quicker. In case the court finds that everything is in order and mutual consent is maintained by both parties, the court will grant the divorce decree. To read more on the topic, please read through the lawguide.

Advocate Chikirsha Mohanty LawRato

127 votes

In India, divorce by mutual agreement is the quickest and easiest way to dissolve a marriage. The benefits of a mutually agreed divorce are numerous. The two parties, husband and wife, agree mutually to separate their marriage and dissolve it amicably.

Advocate Chikirsha Mohanty LawRato