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Mutual Divorce Case. How can I get it ?


06-May-2023 (In Divorce Law)
Can the judge give divorce at 1st motion, as both parties file mutual consent after 10 days of marriage and waiting for completion of one year of marriage?
Answers (4)

Answer #1
586 votes
Hello
For mutual consent divorce sepration period is of one year and six months waiting period for second motion is basic requirement.if you want to know more about this please mail me or call me

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Answer #2
962 votes
Hello friend, well as per the prevailing laws, the petition under section 13-B of hindu marriage act there are two statements to be recorded in the first motion and the second motion as well. In few and special cases court may record first motion statement and can adjourn the case for a few days, and the divorce can be granted. But the court must be satisfied that your case is exceptional one, otherwise the second motion date is fixed as six months from the first motion date.
Answer #3
925 votes
Generally no marriage can be dissolved before expiry of 1 year and before statement of second motion. But these both periods can be waived by the permission of court. For further details please have a table talk with me.
Answer #4
864 votes
Not at all. There is no provision of law in this regard. However, Hon'ble Delhi High Court in rare case provided the decree of divorce on first instance. You can consult your counsel that whether yours case is identical in facts and circumstances to take the benefit of the Judgment.

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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