Mutual divorce filing under 13B. How soon can it be filed?


Due to irreconcilable breakdown of marriage my brother and and his wife want to file joint petition for mutual divorce under 13B in Lucknow. They are living separately for 1.5 years . If both parties are ready How soon can the petition and other required papers be prepared and first filing take place in Lucknow?

Answer

According to the Hindu Marriage Act, all couples who are covered under the said act cannot file for a divorce within 1 year of marriage. In case of Mutual consent divorce that is covered under Section 13B of the Hindu Marriage Act a couple can jointly file a petition for divorce in the district family court provided they fulfil the following conditions:
 
  • living separately for a period of one year or more,
  • not been able to live together and
  • have mutually agreed that the marriage should be dissolved.

The Court shall then record the joint statement of the parties and pass a first motion order giving a time period of 6 months to the parties to resolve their dispute, but in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of divorce. 
 


Answers (3)

If both the parties i.e. the Husband and Wife are ready, and the documents are ready then the petition can be preapred in a day and the same can be filed on the very next day ... Subject to the availability of both the parties and the Presiding Officer at the Family Court.


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with regards to the filing of the petition, it totally depends on you, there is a statutory period of 6 months between the filing of the petition and the final grant of divorce, if you can convince the judge to waive of this period very good, else wait for 6 months for the final decree

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Preparing of papers depends on the counsel and six months of cooling off period is provided by the court to the consenting parties and if none of the party withdraws then only decree is passed..so it will take at least six months from the filing of the requisite papers..



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