Judge asked to take mutual divorce but gave a date after 6 months.
Answers (3)
The period of 6 months given by judge is in compliance with the provisions of Law. Hence, cannot be dispensed with. Thus, your brother will get divorced only after 6 months when second motion would be moved. Under Indian Laws marriage is a sacred relation and not contract therefore courts are duty bound to make efforts until last ditch to save a marriage.
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A mutual divorce can be obtained in approximately 6 months. It essentially involves two motions before court, 6 months apart.
The parties can move a joint petition for divorce and appear in court wherein the judge will confirm their intentions. And six months later, the second motion will be passed and divorce decree issued.
For divorce by mutual consent, both parties have to agree to get divorced. The following are the laws related to it:
• Hindu Marriage Act-Section 13B
• Divorce Act-Section 10A
• Special marriage Ac-Section 28
However, you will need to show to the court that you have been living separately for a year for that. In case your brother has not been living separately for more than a year, he will have to wait for that time to pass.
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