Legal Question in Family Law in India

hi,

My first question was

i got married on december 15th2010, me and my husbend wants to take divorce based on mutual concent as we are no way compatible with each other, wht is the procedure and how long would that take to get a divorce, do we have to wait for atleast 1 yr to get divorce or can we file the case right away. we not expecting any compensation, we just want divorce.please advice

THE Answer i received is

you can file for mutual consent case and it will take about 6 months.

I did'nt get the complete informaion. it is 4 months since we got married, so can we right away file the case or is that mandate to file the case only after an year from the date of marrage. pls give me the complete information


Asked on 3/16/11, 10:09 am

2 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

You can move an application u/s 14 of H M A for satisfying the court to waive of the period of 1 years for reasons to be stated by you in your application. If the court feels that both of you are not compatible and going through hell, may waive of the period of 1 year and allows you to go for Mutual consent before 1 year of marriage. Mutual Consent Divorce takes minimum 6 months from 1st motion to 2nd motion .

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Answered on 3/16/11, 11:06 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

for mutual consent you require to live separate for atleast one year period for filing petition. The court can waive off the period of 6 months after filing of petition but the discretion is used in rarest of rare cases and only in exceptional circumstances.

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Answered on 3/17/11, 11:15 pm


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