Dear Sir I am 23 years old married girl but I am not living with my hubby for last 1.6 years. I want divorce very quickly because I wana marry with one of my friend urgent. My current hubby is also ready to divorce me. Since I have heard that it will take 6 months but i want this very shortly coz i wana marry my friend. Please suggest me the proper solution wherby we should get marry and there should no any problem bcoz of my previois marriagae. Regards Jyoti Sharma
1. Well, even in mutual divorce petition you can't dissolve marriage before six months as law of the land doesn't permit that.
2. Only the supreme court in rare circumstances can waive this time.
3. However to get relief from supreme court it may take two- three months.
4. Considering the cost and hassle involved therein you can take the necessary decision.
You cannot remarry during subsistence of earlier marriage
2) file for divorce by mutual consent
3) it would take 6 months
4) cooling period of 6 months is mandatory
1. Mutual Consent Divorce is the best option. It makes divorce less stressful by saving time, effort and money. By avoiding long litigation, couple can move on with their lives just after 6 months of filing for divorce
2. In MCD both husband & wife can decide about returning of articles, rightful division of finances & assets, agreement over maintenance or alimony to be paid to the spouse, custody of children, agreement on sharing of costs.
3. Since you have spent more than a year in marital life and have lived separately for more than a year, the couple can file a joint petition in the Family Court.
4. even though cooling period of 6 months is stipulated, the court has the power to relax it.
. After getting the decree of divorce and after the appeal period of 60 days from the date of judgement is over, you are free to remarry any body,
1) conciliation period of six months cannot be waived to get divorce decree, only Supreme Court has got the power to grant relaxation in such cases by invoking the doctrine of irretrievable breakdown of marriage.
2) high courts and civil courts cannot exercise their powers for curtailment of the statutory waiting period of six months under section 13B(2) of the Act, but only apex court can do it.
Dear Jyoti
Immediately file a divorce petition before the family court under section 13B of Hindu marriage act along with an application under section 14 of Hindu marriage act read with section 151 of CPC and satisfy the court that there is a hardship circumstances and pray for waived off the cooling period, the Court have power to waived off the cooling period and passed a divorce order.
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If you want fast dissolution of your marriage then the remedy is to file for mutual consent divorce which is the fastest mode of dissolution of marriage in India. Mutual Consent Divorce is the simplest and only hassle free process in India to dissolve a marriage that has strained. It takes 6 months for the process to culminate from the date of filing of the petition if all the documents are in order, but this can also be shortened by the Supreme Court in exceptional cases. It is the SC alone which can waive off the 6 month cooling off period.
Law will not dance to your urgency.
Nobody is above law.
If you want legal solution to your problem then you may have to adhere to the law or rule meant for the purpose.
If you both have decided to dissolve the marriage, then both have to file a joint petition under mutual consent grounds and wait for six months period as laid down in law.
You cannot marry another person during the subsistence of previous marriage, it will be considered as a criminal offence under Indian penal code.
