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Time period within which mutual divorce can be finalised
21-Nov-2023 (In Divorce Law)
I want to know how quickly can I get divorce through mutual consent. My wife and me have decided to part ways. It is been over a year since we have lived together. We have decided to part ways. Earlier there was a 6 month wait period once we file divorce through mutual consent. I have heard that law has changed. There is no longer a need for 6 months cooling off period, once we file divorce through mutual consent. Is that true? Let's say - if both of us file for divorce by mutual consent and have been living separately for over a year. Can I get divorced in a less than a month from date of filing mutual consent divorce.
yes same has been passed recently that cooling period of 6 month waived off however it is discretionary power of court. court may waive off period after looking into the facts of the case. if any further quay you may contact for detail.
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Adv. Pandurang Gardare
Pune | 25+ Answers
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yes in view of recent supreme court judgement,there is slight modification in the position of divorce by way of mutual consent...still one year's separation is the required condition and moreover it is the total discretion of the courts to waive the cooling period depending upon the nature and period of pendency of the litigation between the parties.
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Adv. Shubhangi Bawse
Nagpur | 25+ Answers
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Dear client, according to section 13(B) of hindu marriage act 1955 the parties to mutual divorce have to wait for atleast 6 months from the date of filing petition for mutual divorce and in some cases it can be extend to 1 year also,its depend upon case to case.this seperation period after filing of petition for mutual divorce is called judicial seperation.after completion of this period of judicial seperation the parties to mutual divorce have to present themselves before court for conformity and then the judge passses decree of divorce.
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Adv. Sachin Vijay Shukla
Mumbai | 100+ Answers
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yes. u can get it. file application for that mentioning all facts. consult local lawyer, he will do needful. you can get the mutual consent divorce if there are no issues between you and your spouse.
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Adv. Rahul Ravindra Abhyankar
Pune | 25+ Answers
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