Divorce by mutual consent

BHARTI KOTHARI (Querist) 22 May 2021 This query is : Resolved
sir can a divorce petition be filled before expiry of 2 year period

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You can file for a mutual consent divorce petition before the two-year mark, but specific separation periods apply. For Hindu marriages, one year of separation is generally sufficient. However, Christian or Indian Divorce Acts may have different requirements, with some interpretations suggesting a two-year separation or a six-month cooling-off period after filing.

K Rajasekharan (Expert) 23 May 2021
Separation of one year or more is enough for filing a mutual consent divorce petition for a Hindu.

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Sankaranarayanan (Expert) 23 May 2021
yes you can

Advocate Bhartesh goyal (Expert) 23 May 2021
Minimum separation of one year is essential for filing mutual consent divorce petition under HMAct

kavksatyanarayana (Expert) 23 May 2021
I opine that the duration/time of obtaining mutual consent for divorce is six months. If only one of the spouses moves to court to obtain a divorce after the expiry of one year from the date of the marriage.

T. Kalaiselvan, Advocate (Expert) 24 May 2021
A petition to dissolve the marriage by a decree of divorce can be filed after the completion of one year of marriage provided it is a contested divorce.
If it is a mutual consent divorce, besides the period of separation should be one year for the marriage solemnised under Hindu marriage act and it would two years for divorce under Christian marriage act or under Indian divorce act.

Isaac Gabriel (Expert) 25 May 2021
Mutal consent divorce can be considered after completion of six months under indian divorce Act.

T. Kalaiselvan, Advocate (Expert) 05 June 2021
The six months period what has been referred is the waiting period or cooling of period after filing the petition for divorce on the grounds of mutual consent, which would be taken on files of the court after satisfying the qualifications/conditions for filing case.

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