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selfstudyinglawstudent (law student)     04 October 2010

how long does it take for divorce by mutal consent

suppose the husband and wife have filed a petition for divorce by mutual consent, how long will it take? will it get over by 5 months?

 8 Replies

Suchitra. S (Advocate)     04 October 2010

Sir/Madam, in case of MCD , after the first motion of applying for divorce is over, court will give 6 months time to allow for conciliation between the husband and wife. Then a second motion is followed by applying for a divorce again. Court will grant a divorce only after that. So, mutual consent divorce takes minimum of 6months time.

1 Like

CommonMann (Software Professional)     04 October 2010

Just want to know, if in 2nd motion wife doesnot appears in front of court and husband wants divorce in 2nd motion, but wife knows she can drag the case till 18 months...then is it possible  that husband can get divorce asap before 18 months. I know husband can file divorce petition under HMA 13 grounds, but for that MCD should be withdrawn or any one (husband or wife) should withdraw it. Husband has all the conditions pertainig to maintenance has been already mentioned in MCD petition. For eg. Husband has already paid lumpsum amount in the form of DD as demanded by wife as maintenance amoun and same has been mentioned in MCD petition.

junaid s.shabwany (lawyer)     06 October 2010

no. the minimum time frame is 6 months

gee (off)     07 October 2010

Madam / Sir,

What if in the case where both the wife & husband did not lived together for a single day and the reconciliation case filed by the husband was dragged for more than 3 years by the wife?

Where is the guarantee that the same wife will not drag the MCD case also for 18 months even after signing the petition

Is there any provision for the husband to get relaxation of waiving of 06 months if MCD is filed as reconciliation case was also dragged for > 3years and no consumation at all.

valentine (Advocate)     10 October 2010

Husband filed RCR first. Wife filed divorce under Special Marriage Act. Husband granted visitation rights. Case pending since more than 2 years. Counselling failed. Wife wants to file affidavit of Chief. What could be the format. Divorce petition is U/S 22(d) of SMA.


why u asking 5 months? are u a student?u must be knowing the answer.

valentine (Advocate)     11 October 2010

Please read U/s 27(1) (d) of Specila Marriage Act under which applied for divorce.

valentine (Advocate)     11 October 2010

I am an advocate but some matters are better understood if discussed at length. Besides in case of Family Act some points are left blank and the advocate who has conducted many matters knows it better. Even the most senior advocates of Supreme Court ask for other advocates opinions. In the field of law, nobody dares to stay that he knows everything. Law is an eternal learning process. The more you advance in this field the more you know that how much more there is to learn.

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