Regarding mutual divorce
2012-02-07 — Anonymous
We've got married on 28th Jan 2010, it was a love marriage but soon we found that we did a mistake. We'r living separately since March 2011. Can we apply divorce on ground of mutual constant. What are the formality and what is the procedure and how much time it'll take. Please advice. I'm planning to file it in May this year.
Answers
A petition for divorce by mutual consent can be filed after the period of separation between the spouses has been no less than a year. In your case it would be a year in March 2012. You can thereafter file for divorce by mutual consent. There is a 6 month interregnum period after the first hearing to enable the parties to end their hostilities and save the marriage. Should after the expiry of this period the parties reaffirm their resolve to divorce, the court would grant them divorce.
Regards,
Ashish Davessar
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