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Can We Get A Mutual Divorce In 2 Months?

  • Writer: lead India
    lead India
  • May 17, 2023
  • 3 min read

According to Section 13(B) of the Act, the couple must have been living separately for at least a year prior to filing the petition in order for the marriage to be mutually dissolved.

After the parties have been apart for a year, the petition must be filed within that year.


"Living Separately" as used in Section 13B does not always mean moving to a different place physically. Even though the parties may reside under the same roof and in the same home, there may still be a distance between them.


If so, they do not qualify as living as husband and wife and must instead be considered to be living separately. The Honorable Supreme Court made the same ruling in the case of Sureshta Devi v. Om Prakash. When it was made apparent that residing apart from one another does not necessarily entail relocating. The parties may live together but not as husband and wife.


Parties have had trouble coexisting.

Although relationships are said to be born in heaven, they occasionally may not last very long on Earth. Even while this was never the intention of the legislation, divorce is now viewed as a fairly light-weight option that is frequently chosen as a last resort. It frequently occurs in marriages that the spouses are no longer able to live in harmony with one another due to their dislike of one another. At that point, they decide to separate amicably.


Unfortunately, it often happens that after numerous attempts at mediation and reconciliation, the parties are unable to get along, which results in the filing of a divorce petition by consent.


The parties in Pradeep Pant & anr v. Govt of NCT Delhi were wed and had a daughter together out of wedlock. They were unable to cohabitate due to their disparate temperaments; therefore they made the decision to live apart.


Despite their best attempts, they were unable to repair their marriage and were unable to imagine ever reuniting as husband and wife. Both parties jointly filed for divorce, and they reached a mutual agreement on matters like child custody and maintenance.


They both concur that their marriage should end.

In certain situations, the partners could decide to try their marriage again and settle their disagreements amicably. Occasionally, an agreement between the parties can be reached during the waiting period, saving their relationship.

Procedure:

  • Filing a petition together: Both parties must sign and submit a divorce petition in the form of an affidavit to the local family court.

  • Initial Motion: The parties must come before the court and make their statements following the petition's filing. The first motion is said to have been granted if the court is satisfied and the statements are recorded. Thereafter, the parties will have to wait six months before submitting the second petition.

  • Second Motion: Final hearings occur during this time, and new recordings of remarks are made. The divorce decision is issued following mutual agreement on the alimony and child custody (if applicable) issues. By this point, the marriage has officially dissolved, and a divorce has been granted by mutual consent.

It was noted that the couple had internal conflicts and that their marriage was not the greatest in the case of Amardeep Singh v. Harveen Kaur. Conflicts became completely out of hand, and both civil and criminal actions were taken.


The waiting period of six months, as set forth by the Honorable Supreme Court, may be waived if the court determines that the parties have resolved the issues of alimony and child custody (if any) and have been living apart for longer than the statutorily required period of at least one year.


The Honorable Supreme Court further noted that the waiting period would only serve to prolong the anguish and suffering of the parties who were no longer able to coexist in a relationship.


Although being divorced is a serious matter and should only be done as a last resort, people no longer hesitate to do so. Families are ripped apart, and the child of the divorcing couples must endure severe stress while growing up.


If the couple lives in Faridabad then Divorce lawyers in Faridabad can be done. Likewise, if the couple lives in Ghaziabad then Divorce lawyers in Ghaziabad can be done. If the couple lives in Gurgaon then Divorce lawyers in Gurgaon can be done.


To address the issue, Lead India provides a variety of resources, legal services, and free legal advice online. Ask a legal question online free and talk to a lawyer to receive the best advice in this situation.


Call Us: +91–8800788535


 
 
 

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