Mutual consent divorce filling

759 votes

Hi, I have seen your query carefully and found that the married couples can not file divorce petition before completion of one year of the marriage. After completion of the one year of marriage the couple can file petition for divorce on mutual consent basis before the family court. After filing the petition the concerned family court will give date of 6 months to reconsideration of the decision of taking divorce to the parties. After completion of cooling off period the parties should present before the court and will file second motion of divorce petition and give statments before the family court that they still want divorce. Thereafter the family court after recording the statement of the parties will pronounced the judgment and decree of divorce accordingly. I think you should get all the answers to your query. still you want to consult with me then you can contact me for further assistance and advice on my contract number or email address through the administrator of this website

Advocate Rajeev Srivastava LawRato

852 votes

Time of obtaining mutual consent divorce is six months. Although, parties have option of filing the second motion petition any time between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition. 
Recently, the Supreme Court has held that the 6 months period given to the parties can be waived off at the decision of the court.
Therefore, the parties who have genuinely settled their differences including alimony, custody of the child or any other pending issues between the parties, this six months it can be waived off.

Advocate Prashant Chandra LawRato

567 votes

within 6 to month if husband and wife is ready to take divorce file a suit in family court under section 13 b under hindu marriage act after filing suit first date of hearing will be held on 6 month after

Advocate Ashutosh Kumar Singh LawRato