The courts of India are burdened with matrimonial cases these days. As a legal practicioner, I have observed matrimonial disputes rising exponentially over the past few years.
The matrimonial cases generally include divorce, domestic violence, maintenance, cruelty (S. 498-A IPC) and so on. The time generally it takes for the matters to be disposed of is generally no less than two years on an average. But both the husband and wife can amicably settle their dispute and go for divorce by mutual consent.
For Hindus, there are two ways to get divorce :
- If one of the parties wants to take divorce from his/ her spouse, he/ she can seek a decree of divorce from the Family Court under section 13 of the Hindu Marriage Act, 1955. The process can consume a lot of your energy and take anywhere between 1-5 years with tens of hearing dates in the court.
- On the other hand, if both the parties are ready to dissolve their marriage mutually with each other, they can go for divorce by mutual consent under section 13-B of the Hindu Marriage Act, 1955. This process takes almost 6-8 months with only two dates for appearing before the Hon’ble Court. It is easy, economical, and less disturbing. However, the condition attached herewith is that the parties must be living separately from each other one year before filing this petition for divorce.
No divorce petition can be brought into court in either of the above mentioned cases within one year of the marriage.
This article is written by Advocate Pranav. He practices preferably in the Courts of Haryana. You may write to him at pranavdefends@gmail.com or whatsapp him at 9991189110.
