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Is one year of separation period mandatory for mutual divorce?


14-Dec-2023 (In Divorce Law)
Hi Sir, Just few doubts here. I am a keralite Hindu married to a Hindu chennaite. We married on July 3rd, 2017 in kerala and we are mutually heading for a divorce. May I know before we file for a petition for a divorce, is it necessary to be living separately for an year? Once a divorce is filed, how long will it take to get a divorce?
Answers (3)

Answer #1
945 votes
The Hindu Marriage, Act requires you to wait for 1 year before you file mutual consent, from the date of filling it will take 6 months to totally nullify your marriage. Since one of the party is in chennai, you can even file divorce in Chennai Court. To waive off of the 6 months period we can even file a petition but it is the discretion of the court waive the 6 months cooling off period.

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Answer #2
589 votes
Hello madam for applying mutual divorce the period of one year is mandatory in law but there is five condition to waive that six month cooling period by filing the petition so for that reason we can try to get order very shortly
Answer #3
520 votes
One year period of marriage and one year period of separation is mandatory for filing divorce but you can go for null and void for that no time period is mandatory but it should filed within one year of the marriage.

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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