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Can i get mutual divorce within 7 days ?


08-Mar-2023 (In Divorce Law)
I am kumar 31 age married 7years back. We dont have children . We separated 3 years back. We want to take divorce immediately because I'm planning for another marriage. I have read a article in supreme court divorce can get in just 7days. Only supreme court can wave off waiting period of 6months and can issue divorce in just 7days where both husband and wife are mutual agreed to get divorce and no chance to live together is not possible, divorce will be issued in just 7days." Is this real . Can any one help me to get divorce as fast as possible. I'm from vizag if you give assurance of guarentee divorce in less period we both come to Delhi.
Answers (5)

Answer #1
117 votes

The legal system in India does not permit people to directly approach the Supreme Court for a decree of divorce. However, all family courts are empowered to waive off the 6 month waiting period between the first and the second motion for divorce as stipulated in the Hindu Marriage Act. Further, even with the waiver of the 6 month cooling off period, a mutual divorce is likely to take more than 7 days. Therefore, you may file a divorce petition and seek waiver for no waiting in mutual consent divorce.

To understand the procedure of mutual divorce in India, you can click here, or contact me.

Advocate Sudershani Ray

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People also ask

What are the new rules for mutual divorce in India 2023?

The six-month period of rehabilitation is no longer mandatory. ... Irretrievable breakdown of marriage- A sufficient ground for divorce. ... Now, maintenance is also available for relationships where the couple live together. ... Adultery is not punishable.

Can we get mutual divorce immediately?

In India, the time required to obtain a final divorce through mutual consent can range from six to 18 months. The court will require a cooling off period of six month between the filing the petition and the initial motion and another six between the second and third motion.

What is the latest Judgement for divorce mutual consent?

On 01-05-2023 a Constitution Bench of five judges ruled that the Supreme Court had the right to dissolve marriages on grounds of irretrievable breakup under Article 142(1) and that it could dissolve marriages by mutual consent, without following any procedural rules.

What are the disadvantages of a mutual consent divorce?

Waiting Periods & Separation Requirements ... Property Rights Issues. ... Child Custody Complexities ... Emotional Cost of Cooling Off Periods ... No Dispute Resolution Mechanism. ... Potential for Withdrawal. ... Incomplete Financial Disclosure.

  
Answer #2
954 votes
Dear friend it is only possible when there are clear and sure chances of either party is to move out of India for ever and his her having no plan in future to return back. under these kind of emergency circumstances only a divorce can be granted by court ogherwise not but in both the cases at first you have to apply in local family court on mutual basis showing your urgency.
Advocate Anand Bali

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Answer #3
622 votes
I have perused the contents of your query and would advise you as under: divorce by way of mutual consent can be granted by the court by moving a joint petition under section 13 B of the Hindu Marriage Act. So far mandatory period of 6 months is concerned it can be waived off or reduced upto the discretion of the Honourble Court.
Advocate Anubhav Kathuria

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Answer #4
998 votes
yes sir divorce can be granted in a period of a week if the period of waiver has been waived off.

You both are living separately therefore can ask the court to issue the decree. The family judge would definitely grant the decree if being satisfied by both parties consent. However, can be claimed from high court as well.
Advocate Prashant Vaxish

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Answer #5
131 votes
A Constitution Bench of Indias Supreme Court ruled that the court can use the special powers granted under Article 142 of its Constitution to waive the 6-8 month waiting period prescribed by Section 13-B of Hindu Marriage Act of 1955 for couples seeking divorce through mutual agreement.
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Advocate Chikirsha Mohanty

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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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