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.
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.
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.
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
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.
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