Answer:
Divorce By Mutual Consent in India typically takes 6 months plus from the date of first motion because Section 13B(2) of Hindu Marriage Act states that the second motion is to be taken after 6 months has passed and before 18 months have passed from the date of the first motion. The parties also have to prove that the couple have lived separately for the stipulated period, have arrived at a mutual decision to divorce and desire to marry someone else.
Divorce can be made quicker if parties file for waiver of the 6 months waiting period. Hon’ble Supreme Court has ruled that time-frame mentioned in section 13B(2) is directory and not mandatory. This cooling period of six months may be waived off by the court at it’s discretion depending upon the facts of each case particularly where there is a settlement of all issues between the parties and there is no scope of conciliation.
The bottom line is that if husband and wife have settled all aspects of their relationship (alimony/maintenance, child custody, child expenses, return of articles, withdrawal of pending cases/documents, transfer of properties on agreed terms and filing of future claims etc. ), mutual divorce proceedings go faster. If both parties come to court with incomplete documents, unrecorded settlement terms subject to changes during trial, one party not turning up for court date or parents fighting over custody and payment amounts for child, the matter can take much longer.
How Advocate BK Singh Will Help You Through Mutual Divorce:
Advocate BK Singh can help you file for mutual consent divorce in the most cleanest (least contentious) and legally safe manner possible by first reviewing the facts of your case, advising you how to put a proper settlement structure in place, drafting the mutual consent divorce petition, guiding you on legally acceptable alimony and child custody terms, drafting waiver requests if applicable, and finally appearing in court with you and coordinating for the final divorce decree to be passed by the judge.
I strongly suggest that clients and their spouses engage me at the earliest stages of divorce because a well thought out mutual divorce settlement is critical to the process. MOST fights happen in divorce because parties use vague terms in their settlement. Adv. BK Singh will make sure critical terms like maintenance, lump sum permanent alimony payments, custody, visitation rights, child education expenses, withdrawal of complaints/cases, return of jewelry/articles, transfer of_PROPERTIES ON AGREED TERMS, and no future claims are all put down on record before your matter is taken up in front of the judge.
If you and your spouse both have a genuine desire to separate peacefully then I can help guide you through the legal hoops with proper documentation, commonsense advice, and on-time filing.
By Advocate BK Singh
Supreme Court | High Court | Tribunals
