• Mutual separation

Me and my wife wish to get separated mutually and peacefully

We are married for 6 years appx

How much time will it take finally 

Pl advise
Asked 9 months ago in Family Law from Kolkata, West Bengal
Religion: Hindu

Mutual consent divorce takes 6 months 

 

2) engage local lawyer for drafting and filing mutual consent divorce petition 

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

It will take six months. First motion and then second motion after 6 months.

Regards 

Rahul Mishra
Advocate, Lucknow
7938 Answers
15 Consultations

5.0 on 5.0

See you and your wife can file a mutual divorce and also can prepare a mutual settlement agreement . It will take 6-8 months to finalise same.

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

  1. Convince  your  wife to agree for Mutual Consent Divorce. Better to  opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

2. In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

3. The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

Shashidhar S. Sastry
Advocate, Bangalore
2618 Answers
161 Consultations

5.0 on 5.0

For divorce with mutual consent a joint application under section 13B(1) HMA is filed before the Principal Judge, Family Court and the first condition to file application is that the parties to the application should be living separate atleast for one year. Secondly, after passing of 6 months, again second motion is filed and a decree for divorce with mutual consent is obtained from the court. Hon'ble SC has waived the condition of 6 months and now if you give valid ground that you can't wait for 6 months, the second motion can be filed 15 days after passing of the First Motion.

Dalip Singh
Advocate, New Delhi
574 Answers
12 Consultations

4.9 on 5.0

Hi,

'Mutual Consent Divorce' cases do not take much time.

Generally court takes 2-3 months time to grant divorce. 

 

Aftab Patel
Advocate, Aurangabad
17 Answers

Not rated

Minimum 6 months 

Maximum 18 months. 

Kallol Majumdar
Advocate, Kolkata
2507 Answers
4 Consultations

5.0 on 5.0

Hello,

If the divorce is by mutual consent then it will take six months.

Regards

Swarupananda Neogi
Advocate, Kolkata
1626 Answers
4 Consultations

4.7 on 5.0

For filling of petition under section 13b you will have to show in your petition that both of you are residing separately for last one year and thereafter you can file divorce. 

It will take 6 months in divorce decree. 

And if you have already attended mediation proceedings then period of six months will be condoned and you will get decree of divorce within 2 months

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

For mutual consent divorce it can be done on immediately depending upon the pending cases in the court.

 

From 2 to 6 months it can be done.

Ganesh Kadam
Advocate, Pune
9590 Answers
80 Consultations

4.9 on 5.0

Six to seven months, many will make u fear of one year

Aveek Bose
Advocate, Kolkata
1117 Answers
7 Consultations

4.7 on 5.0

You need to file mutual divorce you will get decrree in 8 months

Prashant Nayak
Advocate, Mumbai
18517 Answers
34 Consultations

4.6 on 5.0

6 to 8 months.

Yogendra Singh Rajawat
Advocate, Jaipur
18433 Answers
22 Consultations

4.6 on 5.0

- For getting mutual separation , both the parties need to file together a petition seeking divorce before the District court.

- As you have already compeleted 6 years period , then you can file the petition for divorce.

- After filing the Divorce Petition before the court ,  you both will have to appeared before the Court for recording  statements , which is know as FIRST MOTION.

- After first motion , Legally, duration/time of obtaining mutual consent divorce is six months.

- But , just after first motion , you can move an application for Cooling off the period of 6 months and for final divorce i.e Second Motion. 

- In totality , you may get Decree within the period of 15 days to one month in urgency.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
2488 Answers
33 Consultations

5.0 on 5.0

Dear Client,

Under Section 13-B of Hindu Marriage Act, you may file a petition for Mutual Divorce. It has motions. One for six months and after six months you have to move an Application for second motion. Hence, it will take 12 months under section 13-B of Hindu Marriage Act to get mutual divorce. 

Jaswant Singh
Advocate, Gurugram
664 Answers
2 Consultations

4.8 on 5.0

Hi

You file MCD. 

Along with the MCD you file an application for waiver of cooling period (if you are staying separately for say more than one year).

You should be able to get the Divorce within six months to one year (subject to convincing the court)

 

S Srinivasa Prasad
Advocate, Hyderabad
1867 Answers
7 Consultations

5.0 on 5.0

1. You want legal seperation or divorce.

 

2. If you get mutual consent divorce, both of you shall have to jointly file a mutual consent divorce petition which will be decided  within 6 & 1/2 months from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
24025 Answers
659 Consultations

5.0 on 5.0

1. it appears you wish to dissolve your marriage for which you need decree of court.

2. To do this both of you will have to agree on the terms of the divorce so you can incorporate the same in the petition for mutual divorce ad after six months on the day of final hearing the court after bot of your testimony can dissolve the marriage.

3. However to stay separate you do not need any decree of court.

Devajyoti Barman
Advocate, Kolkata
19515 Answers
277 Consultations

5.0 on 5.0

Section 13B states that the parties can jointly move a petition for dissolution of marriage by a decree of divorce in the District Court on the ground that

they have been living separately for a period of one year or more,

they have not been able to live together and

they have mutually agreed that the marriage should be dissolved. 

The Court shall then record the joint statement of the parties and pass a First Motion Order giving them a cooling period of 6 months to resolve their dispute, however in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce. So, therefore divorce by mutual consent takes about 6-7 months.

 

Mohammed Mujeeb
Advocate, Hyderabad
15449 Answers
7 Consultations

4.5 on 5.0

Dear Client,

You have to file an application before Family Court under section 13-B of Hindu Marriage Act, 1955 and it takes a minimum of three months.  

 

You may call me through KAANOON for more detail.

Mukesh Kumar
Advocate, Jaipur
88 Answers

Not rated

You can file a mutual consent divorce petition and after a week you both can file a joint affidavit seeking waiver of waiting period  and to pass a decree of divorce as there is no more possibilities for you both to live together.

You can get divorce within 10 days from the case taken on file of the court.

 

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

It will take 6 months from the date of filing of petition to get the decree of divorce by way of mutual consent divorce.

Mohit Kapoor
Advocate, Rohtak
7885 Answers
2 Consultations

5.0 on 5.0

Dear Sir,

Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation. Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally

Well it may take anything from a minimum of three hearings or 6 months to one year (Divorce with Mutual consent, where in a joint petition is filed by both husband and wife) to as long as 2 -10 years also or more.

Netravathi Kalaskar
Advocate, Bangalore
4953 Answers
25 Consultations

4.8 on 5.0

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