Procedure for speedy mutual divorce as family settlement already done

840 votes

Hello

You can not file divorce in any manner before 1 year of marriage. Patience is needed this time. After a year you will file mutual divorce with first motion and after that 6 months will go for second motion.

Advocate Ganesh Sharma LawRato

606 votes

There shall be separation of one year. After that you can file a mutual consent case under section 13b of Hindu marriage act. There is no legal provision in any kind of law for showing marriage in back date.

Advocate Suresh Kumar Yadav LawRato

699 votes

Yes the First motion can be filed as soon as the parties have come to a settlement. There is a waiting period of 6 months but the Supreme Court has passed orders to the effect that the 6 months period wait is not required if the parties are likely to be prejudices/ suffer irreparable injury due to the waiting. In that case the wife had to leave the country for higher education and the Supreme Court had waived the time period of 6 months and granted divorce and dissolved the marriage.

Advocate Harsimrat Randhawa LawRato