MSME Award Appeal here we mean and discuss Appeal against the order, decree or Award arising out of the statutory arbitration proceeding under MSME Act. There have been challenges to this provision in courts, where the contentions were raised that this provision is not mandatory and there can be deviation by the Appellate court. Thus, the Supreme Court has made it clear that the provision of section 19 of the MSME Act is mandatory in nature..    

Mutual divorce minimum time: What time takes in mutual divorce

Author- admin
Date:July 1, 2022

What the Mutual divorce minimum time? What minimum time takes in mutual divorce ?

Mutual divorce is the best way to dissolve the marriage. It takes shorted possible time.

The legislation while enacting provisions of mutual consent divorce inserted provisions of minimum six month period for taking mutual consent divorce.

Case with Hindu Marriage Act

Section 13B(1) of Hindu Marriage Act 1955 provides that a joint petition by husband and wife for dissolution of marriage with mutual consent can be presented on certain grounds.

Section 13(2) provides that the parties have to again present mutual consent divorce petition not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date.

Such petition shall however is to be presented only after 1 year since the date of marriage as per section 14 of the Hindu Marriage Act 1955. Such petition may however be entertained within 1 year of marriage on the ground of case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent

Further as per the provisions of Section 13(1) parties (i.e. husband and wife) must be living separately since last one year or more, and same is one of the pre-conditions for mutual consent divorce.

Case with Special Marriage Act & Divorce Act

Similar are the provisions of Special Marriage Act which is applicable to special marriages, and Divorce Act which is applicable to Christians, except the condition that in Divorce Act the minimum separation required is two years, i.e. husband and wife must be living separately for last two years before they approach the court for mutual consent divorce.

Case with Parsi Marriage and Divorce Act 1936

In Section 32B of Parsi Marriage and Divorce Act 1936 (which deals with the mutual consent divorce in Parsis), there is no condition like what has been provided under section 13(2) of Hindu Marriage Act 1955

Waiving off the cooling period of six months

On an application being moved the Court can waive off the mandatory cooling period of six months.

There have been several judgements where courts have held that the six months period is not mandatory and court can waive of the cooling period.


The minimum time taken will vary on the fact and circumstances of the case. As per law the minimum period is six months, however this period can be waived off by the court.

Related read:

What is mutual consent divorce?

Pre- Conditions for mutual divorce in India

Divorce by mutual consent under Hindu Law

Divorce by mutual consent under Special Marriage Act

Divorce by mutual consent in Christian Law

Divorce by mutual consent under Parsi Law

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