What is the procedure and how much time will mutual divorce take?


My wife wants a Mutual Divorce and wants to marry her boyfriend after Divorce. And I also want to start a new life with someone. We had an arranged Marriage in Oct, 2012. Now we are fighting since the 1st Day of Marriage. We are not compatible with each other.

We both are separated since more than 1 year. So now we both want a Mutual Divorce as soon as Possible. So what is the procedure and how much time will it take?

Answer

Arriving at a decision to part ways mutually if things don't work out between you and your spouse is the best, easiest and the most time effective way to get a Divorce.

Assuming you both are Hindus, Mutual Divorce is recognized under Section 13B of the Hindu Marriage Act.

Details of Divorce by Mutual Consent:

Section 13B states that the parties can jointly move a petition for dissolution of marriage by a decree of divorce in the District Court on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they 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 time of 6 month to the parties to resolve their dispute, however in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce. 

So, therefore divorce by mutual consent takes about 6-7 months. You may engage a lawyer to file your petition and proceed accordingly.

 


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