Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Vishal (Lead)     31 March 2011



 Kindly provide me legal assistance related to filling application for Divorce by Mutual Consent. I got married 4 months back and after that issues started & those problems never got resolved. Our nature/temprament/liks/dislikes differs and one day we decided to end up this relationship. I came across -Divorce by Mutual Consent.

My Questions are:

Since its around 4 months of our marriage so can I file Mutual Consent Divorce.?

How much time will it take for the entire process.?

If we have to do out of court settlement than where should the proof be  mentioned.?

What all docs are required.?

How much is the fee- lawyer, Court fee ..etc.

If after filing the petition we have to wait for 6 months .Suppose no one appears in the court from my wife side than what will happen.

Looking forward for a reply.


 21 Replies

ADV Rajesh KASRIJA (ADVOCATE)     31 March 2011

Mr vishal ji

First, I tell u that if u wants to file divorce by mutual consent then u must w8 for at least 8 months more no one can file divorce petition before expire of one year.

Adv Rajesh Kasrija


Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     31 March 2011

Mr. Vishal

As per Section 14 of Hindu Marriage Act, no petition for dissolution of marriage can be before the expiry of 1 year.

So my advice is -that you cant move mutual divorce petittion as your marriage has been soleminized just 4 months back.

Avnish Kaur (Consultant)     31 March 2011

did she agree for it?

ADV Rajesh KASRIJA (ADVOCATE)     31 March 2011

It not important whether she is agrees or not it is mandatory provision of law.

pratik (self working)     31 March 2011

So what is the difference between mutual divorce, judicial separation & divorce decree also they aren't  define under the act so cn anybody tell me th actually maning of it & which one is more beneficial ? Also (mutual divorce, judicial separation & divorce decree )  in which condition we can re-marry & the time limit. also in every (mutual divorce, judicial separation & divorce decree ) alimony is complusory ?




God Bless U All.

Vishal (Lead)     31 March 2011

Thanks Mr. Rajesh ji & Mr.Ansari ji.

Would like to know if we decide to live separately for next 8 months than do we need to file any application for this Separation as a proof  or can we file any petiton related to divorce now which can be processed after required months passes by.


Avnish Kaur (Consultant)     31 March 2011

as per law u cannot file it, but if u both agree an expert lawyer can file it right now also .

Vishal (Lead)     31 March 2011

Is there any provision to waive that statutory period of one year. ? As per the comments of Mr. Avnish it looks there is some option present ..kindly advice on the same.

Avnish Kaur (Consultant)     31 March 2011

discuss with expert lawyer in person

Vishal (Lead)     31 March 2011

Ok Thanks .....after filing the petition for divoce by mutual consent  ( completing 1 yr of separation) do we need to wait for 6 months more or they can be waived off...... ? 

Avnish Kaur (Consultant)     01 April 2011

cannot be waived off, but file divorce and start proceedings under guidance from expert lawyer, so that at least u are judicially separated and protected from severe 498a

ADV Rajesh KASRIJA (ADVOCATE)     01 April 2011

it can be waive if there is any heardship to the parties. but it descreation of the court.

Vishal (Lead)     01 April 2011

Dear Rajesh ji,

  Thanks for your reply...need to know if we separate ourselves in next few weeks than do we need any court document as a proof for this separation ( which can be required latter while filing divorce-mutual consent on completion of 1 yr of marriage) ?

pratik (self working)     01 April 2011

Do request to answer the query ?

Sirji What about about my above mention question pls answer it. ?

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