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What is the procedure and timeline for obtaining a mutual consent divorce in India?

Posted by jobseeker Daksha Aggarwal | Approved
Answers (2)

Sec 13 B of HMA, 1955 provides for mutual consent divorce wherein:
Husband and wife are not able to live together anymore
They have been living separately for one year or more than one year
Both of them have mutually agreed that the marriage has been destroyed, and hence it needs to be ended.
As for the procedure
Both the parties need to file for divorce through mutual consent jointly.
Followed by appearances before the court, the first and the second motion and finally the decree
The couple is asked to go through a period of 6 months which is meant to give them an opportunity to reconcile, this is a mandatory requirement period and can only be waived off in exceptional circumstances through Judges discretion

Answered by jobseeker Gaurangi | Approved

Two motions are required:
a) First motion: Joint petition, appearance, and statements.
b) Cooling-off period: 6 months (can be waived after Amardeep Singh v. Harveen Kaur, 2017).
c) Second motion: Final statements and decree of divorce.

Answered by jobseeker JYOTI MEENA | Approved

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