• What is the quickest approach to get divorce with mutual consent?

Me and my wife married in Feb 2014 (registered as per Hindu marriage act) and separated since early Jan 2015.

We both are interested in taking divorce with mutual consent.

What is the quickest approach? 

Heard Lok Adalats have removed the option to get divorce within a week or two with mutual consent, which used to be there in the past. 

So, is the minimum time now 6 months?

Please explain the process steps in getting divorce in minimum time with mutual consent with above facts.
Asked 1 year ago in Family Law from United States
Religion: Hindu
1) you can file for divorce in India by mutual consent where your marriage was solemnised or where you stayed after marriage . Consent terms should contain clauses as to child custody , streedhan , alimony etc 

2) Bothparties have to remain present at time of first motion 

3) six months cooling period is mandatory 

4) both parties have to remain present in court at time of second motion . Affidavit has to be filed by both parties 

5) court will grant divorce by mutual consent 

6) in the alternative you can file for divorce in USA by consent of both the parties 
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
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1. You shall have to show that you are separated for more than 1year to be eligible to file mutual consent divorce petition,

2. MCD is the quickest and the most hassle free way to get divorce,

3. You shall have to file the MCD petition enclosing your identity proof, proof of marriage and two photographs,

4. In the said MCD petition you should clearly mention the terms if any, i.e. any amount to be paid to one party by he other,

5. You can also mention that there is no claim from each other by both the parties,

6. After filing the ame, the next date after 6 months will be fixed for hearing which is called the 2nd motion,

7. On the day of the 2nd motion, the Judge will ask both the parties whether still they ant dovorce or not and being confirmed he will pronounce the decree of divorce,

8. The certified copy of the said decree of divorce shall hav to be collected after few days when it is signed.


Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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1) once you file for divorce in USA your wife will be served notice and granted 21 days time or so to furnish her response 

2) in reply your wife can take the plea that she has no objection to grant of divorce . 

3)since after marriage both parties have stayed in USA together court will have jurisidiction to grant divorce

4) divorce should be on grounds recognised by HMA . since divorce has been granted by mutual consent it would be recognised in india 

5) the only disadvantage is the exorbitant legal fees charged in USA 

Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
1. You can directly file petition for mutual consent divorce in district court in INDIA which would grant divorce not earlier than 6 months.
2. The process is you first will have to file such petition signed by both of you and after six months the court will fix date for final hearing on which date the court on hearing your version will grant divorce. Physical presence of both of you is required on the date of final hearing.
3. In USA it does not make much time and the court cna grant divorce if she send her written consent. Her presence in USA is not required.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Hi
Uncontested or no fault divorce(Mutual consent) are the two options to make it faster
Contact an attorney without one you will not able to go through it
Either a uncontested divorce or no fault divorce(Mutual consent) can be taken, depending on teh state where you are located in USA.
The divorce granted in USA will be valid India.
Since you don't have any disputes it can finish in 3motnhs depending on the manner your attorney proceed. 
suggest you to go ahead uncontested divorce which can end in about 3 months generally When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is faster as it i s in  your case 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hello,
1) You need to wait 6 months after filing for divorce by mutual consent. You can file now for divorce showing that you had been separated soon after marriage. There is no lok adalats that will allow divorce any quicker.

2) Mutual consent divorce will take as much time in the US too. However if she had never been to US you still face jurisdictional issues in filing a case there and the decision won't be binding on the other party.
3) File for a mutual consent petition in India. You need to appear at the time of filing 6 month's later. In case you have difficulties you can get an extension until 18 months for the final decree.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
1. The quickest way is to apply for mutual divorce which should take 6 months.

2. Lok Adalats never granted divorce. Your source of information is incorrect.

3. The process starts by engaging a lawyer to file the case.

4. In US the division of assets takes some time. The total time is same as in India.

5. A US lawyer will be able to tell you whether a letter of consent by her will suffice or not.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Mutual Consent Divorce in USA is more convenient.

In india minimum 6 moths cooling period required for completion of Mutual consent Divorce proceeding, if there is any exceptional hardship then the court have power to waive off that period too.

Personal presence before the court is mandatory or the parties may appear through Power of Attorney Holder.
Feel free to Call 
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
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Marriage is both a natural institution and a sacred union. After the marriage a special bond arises between husband and wife. A small misunderstanding leads to big Issues in life .Mutual Divorce is most simple and easy process if both the husband and wife are into positive agreement to put their papers into court.  The filing of a mutual divorce by both the husband and the wife is termed as ‘the first motion’. A couple can file for a second motion after a gap of six months. The six months time span is provided to the couple so that they get the time to reconsider their marriage.A divorce decree can be passed before the completion of the six months term if all the mandatory requirements for the divorce are sufficed. If the divorce file is not withdrawn within eighteen months the court passes a divorce decree. Incase one of the sides withdraws his/her petition the court initiates to make an enquiry. If the concerned side disagrees to give the consent, the court holds no right to pass the divorce judgment.

 Lok Adalats never granted divorce. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
If you have to take divorce in India, you will become eligible for filing a divorce case seeking dissolution of your marriage by a decree of divorce only after one year from the date of marriage and for divorce under mutual consent, the computation of one year period will be from the date of separation and not from the date of marriage. 
so understand the law and dont try to bend the same to your convenience. There are no short cuts for this. 
If you would like to divorce in US as per US laws, her consent is essential for this otherwise the exparte divorce decree granted by a US court will not be considered as valid in India as per Indian laws. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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Hi, if you want to file a petition for divorce under mutual consent then you have to wait at least 6 months and this is the quickest way of obtaining divorce in India.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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