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Minimum Time To File Divorce After Marriage In India

  • Writer: lead India
    lead India
  • Jun 15, 2023
  • 3 min read

Since the divorce is mutually agreed upon, the parties file it after agreeing on all issues. Compared to other types of divorce, mutual divorce has a less painful process to go through. Understanding the terms of divorce based on mutual consent in India would help us move forward.


The following prerequisites must be satisfied for a mutual divorce:

  1. The couple must have lived apart for a full year prior to filing the petition for mutual divorce. The court is unconcerned with the reasons why people live apart. The requirements might be satisfied by having different addresses or by residing separately in the same home for more than a year.

  2. For whatever reason, the couple is unable to reconcile or reach a compromise, making it impossible for them to cohabitate.

  3. The decision to end their marriage was made voluntarily and consciously by the participants without the involvement of any improper influence.

  4. The petitioners have been married for a minimum of one year.

Documents Required for Filing a Mutual Divorce:

  • Residential evidence of the husband

  • Residence evidence of the wife

  • Information on the jobs held by the husband and wife

  • Salary stubs and job offer letters serve as evidence of the current cash flow.

  • A licence for marriage

  • At least 4 pictures of the wedding

  • substantial proof that the claimed separation lasted a year

  • evidence that is unquestionably related to the parties' failed attempts at reconciliation

  • Information about the family's assets and property

  • Depending on the circumstances of the case, the court may request further information and documents.

Case Laws:

  • Arpit Garg vs. Ayushi Jaiswal is a legal dispute. The High Court of Allahabad, a family court, was where this claim was initially filed. The Hindu Marriage Act of 1955's Section 13 was invoked by the spouses in a collaborative appeal for mutual consent divorce that had been denied. The plea was dismissed on the grounds that it had been made just over a year after the parties had been separated. Couples are given this period of time so they can think carefully about such a significant life decision and avoid filing for divorce rashly. The decision to file for divorce before having lived apart for a year and having been married for at least a year does not hold up in court. A mutual divorce may appear to be a simpler solution to an unhappy marriage, but you should proceed cautiously and consult a lawyer to make sure your rights are upheld.

  • Smt. Sureshta Devi v. Om Prakash is the matter at hand. With the filing of this case, the Supreme Court was asked if a party who had freely consented at the time of the petition but afterwards changed their mind might do so. Other significant courts, including the Bombay High Court, the Madhya Pradesh High Court, and the Delhi High Court, gave their opinions on this subject to the Supreme Court. They believed that, in accordance with Section 13B of the Hindu Marriage Act of 1955, consent-related issues should have been addressed at the time the petition was first submitted. If the authorization was given voluntarily, no one could be given the authority to revoke their agreement. According to the High Courts of Rajasthan, Punjab, Haryana, and Kerala, the entire purpose of mutual divorce is defeated if the court grants itself the authority to issue the final decision simply based on the initial consent demonstrated by the parties. The motion under Section 13's second subparagraph of the Hindu Marriage Act of 1999 enables the legal system to reassure itself and verify the petition's complainants' sincerity. The court ultimately concluded that both parties' consent needed to be continuous in order to award the divorce decree. In this situation, the divorce wasn't fully finished.

If the couple lives in Delhi, then Court marriage in Delhi may be done, and the Court marriage rules should be followed. A Marriage certificate download should also be done.

Lead India delivers data, legal services, and free legal advice online to address the issue. Ask a legal question online and talk to a lawyer to receive the best advice in this situation.


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