Is 6 months period necessary for mutual divorce?

Question

Is 6 months period necessary for mutual divorce?

01-May-2023 (In Divorce Law)

I am going to file my divorce case on mutual consent. I was marry in 2012. so its 1 year complete my lawyer said it will take six months more to get divorce. If I submit waiver application then can I get divorce in one or two months because my husband lives in foreign country and does my husband needs to come on second motion or this will resolve by power of attorney?

Answers (1)

Answer #1

Adv. Chikirsha Mohanty

Delhi | 200+ Answers

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LawRato LawRato · Accepted Answer · 2015-05-01T00:00:00+05:30

6 months cooling period is required before second motion. Also, your husband's presence would be required on second motion.

However he can state on affidavit duly affirmed by the Indian consulate that he has no objection to divorce being granted that all disputes have been settled as per consent terms.
He can depose by video conferencing if family court has such facility .

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