What is the total time taken in the mutual divorce process

865 votes

It is not strange part that court has given the 1st date on 04-DEc which is 6 months from the time you applied for divorce, It is perfectly as per Law. But if you both have proof of living separately for more than 2 years as you have said, you can get divorce in first week of November itself. matter of alimony is already detailed in your petition I think.

LawRato LawRato

546 votes

YOU CAN FILE AN APPLICATION FOR DISPENSATION ASKING TO REDUCE THE TIME.USUALLY THE TIME OF 6 MONTHS IS INITIALLY GIVEN AS IT IS A STANDARD PRACTICE AND IN CASE OF URGENCY DISPENSATION APPLICATION CAN BE FILED

Advocate Mamatha D N LawRato

616 votes

Respected Sir,
Firstly: The Court has the prower to grant 6 months as “cooling period” this means not necessarily the husband and wofe has to live under the same roof for that 6 months but a chance being given for re-solemnising the separation dilemma.
Secondly: On the date of Mediation there will be separate session being held by both the parties. Since it is mutual consent your session wouldn’t take more than half an hour.
Yes, both meditation as well as the Judgement of the divorce will be held on the same day. In the meanwhile the report will be sent to the Court stating ”Mediation Failed”. Later by 5:30 while the Court timing are closing the Judge calls both the parties to his cabin asking are you giving free consent to each other for seeking divorce or by any compelltion.
Thirdly: There is superior ground for divorce being granted easily as you have been living separately for more than 2.5 years.
Forthly: The court will decide the matter with regard to the custody of the child. As the paramount interest will stay with the kid to choose either the father or mother.
Fifthly: Kindly collect all the salary slips to your wife that, she is earning 40k per month and it is sufficient for her well being and you will be free from alimony being paid to her.

If you need more assistance you can contact me so that I would help you lead a amicable settlement, a strong ground to your case.

Thank you
Regards-
Advocate Ganesh B.R. High Court of Karnataka, Specialised in Family cases, Bangalore.

Advocate Ganesh B R LawRato

984 votes

Respected

. There is no strange things. it is the legal procedure.

6 Month is compulsory. Yes on the said date court may refereed the matter to mediation or it may refereed the matter to some other date and it is the discretion of the court. There is a possibility that one the same day of mediation, after the agreement by mediator, the matter may be requested to place before the bench on the same day. If you get the permission on the same day court may order for divorce.

regarding the alimony, if you mentioned that "there is no claim from each other" in the mutual consent pleading, then there is no necessary of alimony. If there is no such word, then wife have liberty to claim alimony in the form of maintenance in the court. Regarding the said alimony you can negotiate in the mediation. Even though she is working she is entitled for maintenance.

Advocate M Lakshmikanth Arya LawRato

757 votes

Mutual consent divorce is filed under sec.13-B of the HM.act and the time taken is six to eighteen months after filing of the petition,after six months of filing it will come before court for mediation and in mediation one or two sittings will be taken by the mediators,then if mediation fails, the mediator will draw a report of settlement and sent back to the court, then it will come before the court and enquiry if necessary will be made and court will close the file and order for judgement.

Advocate K.P. Sumangala LawRato

236 votes

How long does mutual divorce take in India? Mutual divorce can be completed within 6 to 18 month. Practically, however, it depends also on the number of cases at any given time, and the court in which you file your petition.

Advocate Chikirsha Mohanty LawRato