Legal Question in Family Law in India
hi, 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
4 Answers from Attorneys
you can file for mutual consent case and it will take about 6 months. fees vary from advocate to advocate.
have happy life ahead
You have to wait for 1 year as prescribed under the law but you have a remedy u/s 14 of HMA by moving an application to the court for waiving of the period of 1 year and if the court allow your application then in that event you can file for Mutual Divorce Consent and its takes minimum 6 months from 1st motion to 2nd motion.
moving an application u/s 14 would not help much as the cogent reasons are to be given for the waiver of period of one year and in your case, you have not mentioned any serious ground upon which the divorce is necessary. the court may consider it a hurried decision and dismiss your case. better wait for one year and give your relationship another chance.
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