How To Get Divorce Quickly In India?




The easiest way to get divorce without any hassle is "Divorce By Mutual Consent" under section 13B of Hindu Marriage Act, 1955. To understand the process for divorce by mutual consent, you first need to know its meaning.

 Meaning of Divorce by Mutual Consent: A stage when husband and wife mutually agree to terminate their marriage by filing a joint petition in the court, without levying any kind of allegations on each other.


 Conditions under section 13B of Hindu Marriage Act, 1955 to get divorce by mutual consent are:

 1. Both husband and wife have been living separately for a period of one year or more.

 2. Both husband and wife strongly thinks that there is no possibility to live together in future too.

 3.  Both husband and wife have mutually agreed that the marriage should be dissolved.

 4. First Motion Petition shall be filed by both husband and wife before the district court. Basically, first motion under proceeding of divorce by mutual consent is the filing of petition in a court of competent jurisdiction by husband and wife on mutually agreed terms.

 5. Second Motion Petition shall be filed in the court after six (6) months from the date of first motion petition. Basically, second motion under proceedings is a stage when husband and wife confirm the intention of divorce after completion of period of six (6) months i.e. a period of cooling-off ordered by the court.

 6. Court shall verify all the details after hearing the both parties and shall pass the decree of divorce for dissolution of marriage if the averments made in the petitions are true.


CAN A PERIOD OF COOLING-OFF BE WAIVED BY THE COURT?

 The answer is Yes. Hon'ble Supreme Court had ruled in 2020 that this period of six months or cooling off can be waived by the court of competent jurisdiction on case to case basis. 

 When it is crystal clear to the court that there is no chance or possibility exists between the husband and wife to minimize or remove their gaps completely and cooling-off period can even make the present situation more worse in future, then court can waive off the cooling-off period.

 

Article Written By: Mr. Raman Sharma (CS, LLB, DIM, B.Com)

Contact: barristerramansharma@gmail.com 

 

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