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Post-Case procedure in Mutual Consent Divorce
28-Jan-2025 (In Divorce Law)
Hi, Judgment has been passed on Mutual Consent Divorce (Christian marriage) on January 13th, 2025. Divorce granted/Case has been disposed. My queries are :
- Is there any waiting/appeal period before remarriage in Mutual Consent Divorce (u/s.10(A) of Indian Divorce Act, 1869) ?
- How long will it take to get the decree (Court is Additional District and Sessions Court in Kalyan (Thane)) ?
- What is the procedure to get the decree ? How much will it cost ?
Thank you!
Dear client based on your question,
In cases of divorce by mutual consent under section 10A of the Indian Divorce Act,1869 there is a statutory waiting period for 30days . For further detailed information you can contact us for legal guidance.
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Adv. Anish Palkar
Adv. Anish Palkar
Mumbai | 200+ Answers
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Dear client based on your queries, this can usually be considered fairly soon after mutual decisions without extended waits, as per the Indian Divorce Act, 1860 it can get done within 30 days of the period, as for the further matter we can help you regard the process and in legal ways for which you can connect with us.
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Adv. Kalpana Sanap
Adv. Kalpana Sanap
Pune | 200+ Answers
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1. Waiting/Appeal Period Before Remarriage:
As per Section 10A of the Indian Divorce Act, 1869, there is a 30-day appeal period after the judgment is passed in mutual consent divorce cases. During this time, either party or an affected third party may appeal the judgment. Therefore, it is advisable to wait for this period to lapse before proceeding with remarriage.
2. Time to Get the Decree:
The certified copy of the divorce decree is usually issued within 2–4 weeks after the judgment is passed, depending on the workload of the court and administrative processes.
3. Procedure to Obtain the Decree:
File an application for a certified copy of the decree at the court registry or through your advocate.
Pay the required court fees for the certified copy.
Follow up with the court registry to track the issuance of the decree.
4. Cost:
The cost for obtaining the decree varies, but it is generally nominal, ranging between ₹200–₹1,000. If done through an advocate, their professional fee may apply additionally.
For further clarity or to expedite the process, you may consult your advocate or the court office directly.
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Adv. Kiran Ashok Gangurde
Adv. Kiran Ashok Gangurde
Navi Mumbai | 100+ Answers
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there is no time period as per the law however it is advisable to wait period is over that is approximate in 90 days from the date of the order dissolving the marriage under the mutual consent. decree will be generated in some time period after the order is passed.
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Adv. Devendra Singh
Adv. Devendra Singh
Mumbai | 25+ Answers
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An appeal can be filed against a mutual divorce decree in India, but only under very limited circumstances, primarily if the consent given by one of the parties was obtained through fraud, coercion, or undue influence, as the law generally does not allow appeals against decrees passed with the consent of both parties under Section 96(3) of the Code of Civil Procedure (CPC).
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Adv. Pankaj Bajaj
Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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