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Vaishakhi Mallik (Communications Manager)     20 June 2013

Mutual consent divorce under the civil marriage act

Hi,

Need an urgent advice. This is for a friend. He is married since April 2009 under the civil marriage registered in Goa. He filed divorce due to incompatibility. His wife counter replied to which he replied again. Now the two want to go for a mutual consent divorce asap. But have been told that it requires atleast 5 years of marriage/separation. In the mean time, lawyers advised ex-parte divorce. Which one is faster, mutual consent or ex-parte? Also, they do not have 5 years of separation and do not want to wait till another year or two for filing a mutual divorce. Both are young and want to start a new life. Is there a way out? 

Regards,

V



 10 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     20 June 2013

If you are planning to get a divorce, mutual divorce should always be preferred to a contested divorce. Obtaining divorce through mutual consent is quite advantageous as it saves both time and money. The provision for dissolving marriage through mutual divorce in India is included in Section 13 B of the Hindu Marriage Act

Adv Archana Deshmukh (Practicing Advocate)     20 June 2013

As it was a registered civil marriage your friend will have to apply for divorce under the special marrige act. It is wrong that seperation of 5 years are required for MCD. Only one year of seperation is required.

Vaishakhi Mallik (Communications Manager)     20 June 2013

Hello Mr. Rama Chary,

Thanks for providing a response. Yes, my friend and his ex-wife want to go for a mutual divorce. But as I mentioned, they are not registered under Hindu Marriage Act, they got married in Goa and marriage is registered under Goa's civil marriage act. And they under this act, they require minimum 5 years of separation. This is the stumbling block. Is this true? If yes, what is the way out to get mutual divorce as soon as possible as it is under Hindu Marriage Act which is mimimum 1 year of separation and divorce in 6 to 8 months?

 

Regards,

V

Vaishakhi Mallik (Communications Manager)     20 June 2013

Thanks very much Adv Archana. It is very heartening to know 5 years of seperation or marriage is not required. So, is it that they should withdraw the current case (divorce petition) and file a joint application for mutual divorce under Special Marriage Act in Civil Court Panaji, Goa, where the current divorce petition is going on? 

Vaishakhi Mallik (Communications Manager)     20 June 2013

Advocate Archana, also want to inform you they are not married under Special Marriage Act, they are Hindus with marriage registered under Civil Marriage act, so does your advice still remain the same?

Rahul Kapoor (Legal Enthusiast)     20 June 2013

hello,

no such time period is required for divorce.

if both parties are ready for MCD then go for it.

yes they should file the joint petition after withdrawing the case.

make sure that they prepare a well drafted MoU.

MCD requires two motions with a time gap or cooling period of Six moinths. 

Vaishakhi Mallik (Communications Manager)     20 June 2013

Thanks Rahul, is this true for Goa as well?

Rahul Kapoor (Legal Enthusiast)     20 June 2013

as far as i know, yes.

Vaishakhi Mallik (Communications Manager)     20 June 2013

Thanks!

Jayendra Sevada (Advocate)     21 June 2013

Dear Mr. Malik,

 

Your friend can apply for a mutual consent divorce. They have to appear before the court for twice, one at the time of first motion and second at the time of second motion. The time period for moving the second motion is of six months.


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