Divorce by Mutual Consent

After appearance of parties. How long does it take get the divorce.


Maximum six months.


Lawyer in Hyderabad.wats app no.9989324294

Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage.



Mutual consent divorce takes six months to decide and final judgement. However said six months waiting period can be waived depending upon facts bof the cases. 



The entire mutual consent divorce procedure starting from the date of filing till the passing of the divorce decree can take around 6 months to 1-1.5 years at the most. This period of 6-18 months is exclusive of the waiting period to file for divorce.

The Supreme Court in Anil Kumar Jain v. Maya Jain,  has also held that the period of six months between filing a petition of divorce by mutual consent under Section 13-B(1)  and grant of decree of divorce under Section 13-B(2) of the 1955 Act cannot be waived off by the parties or by any civil court or High Court.

However, in Amardeep Singh v. Harveen Kaur, the abovementioned cooling-off period of six months has been held to be directory and not mandatory.

I hope I was able to clear your queries. 

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I endorse and appreciate opinion and advise of expert Samayeta Bal.




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