Questions Legal

What is the fastest way to get a divorce in India?


Pranet Sharma

Justice is truth in action

The fastest way to get a divorce in India is to file the divorce application with the mutual consent of both parties. A mutual consent divorce the divorce in which both the husband and wife mutually agree on filing the divorce by the settlement of legal and family concerns of marriage like alimony, Maintenance allowance, child custody, etc.

But for the spouses to apply for Mutually consented divorce, certain conditions must be satisfied as,

  1. Both husband and wife must be living separately for the past one year.

  2. They must mutually agree on the divorce, resolving all concerns.

How to apply for Mutually consented divorce

  • File the petition under Section 13B of the Hindu Marriage Act, 1955.

  • The first motion initiated following the divorce petition filing.

  • The court records the statements from both parties.

  • Order for Six months of cooling period (can extend up to 18 months maximum)by the court for the parties to rethink about reconciliation.

  • During the cooling six months period, any one of the parties is completely empowered to withdraw the mutual consent by filing an appeal before the court.

  • Both parties will present themselves after the 6 months period.

  • Parties have to confirm the mutual consent divorce filed before. (Second Motion).

  • Declaration of Divorce conferred by the court.

It is always beneficial in resolving the disputes regarding the divorce with the assistance of an experienced lawyer or expert in divorce laws. Airtract provides experts in all fields, ensuring the proper satisfaction of the clients.

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