Legal Question in Family Law in India

Divorce without Mutual Consent

Apparently, divorces with mutual consent take about 6 months while ones without mutual consent take about 2 years. First, is this a fact. Second, is it possible to file for divorce without mutual agreement and later on convert it into divorce with mutual agreement in case the other spouse becomes agreeable. Thanks


Asked on 6/20/02, 8:10 am

3 Answers from Attorneys

Prabhat Shroff Shroff & Company

Re: Divorce without Mutual Consent

Yes, it is true that a divorce by mutual consent may be decreed by the court within six months. On the other hand, a contested divorce may take not only two years but several years, since such petition is not taken up by court before expiry of 18 months from the date of filing.

However, a petition for divorce, can be converted into a divorce by mutual consent, at any time after filing such petition, by filing an application in the pending petition. Such application may be taken uop by court at the first opportunity and disposed off.

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Answered on 6/21/02, 3:56 am
Guna Shekaran Indolegal

Re: Divorce without Mutual Consent

what you said is absolutely true. Some times without mutual consent may go upto 3 to 4 years also if the other spouse realy loves his/her wife/husband and he/she may go to higher courts to get his/her justice. you can file divorce petition whithout consent and you have to withdraw the petiton and again you have to file with consent petition subsequently. The is no conversion of petition in divorce. For any other/more details pl contact R.Gunshekaran, Advocate at [email protected]

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Answered on 6/23/02, 11:45 am
Sameer Sharma A Bon Droit

Re: Divorce without Mutual Consent

Divroce by mutual consent 'may' take 6 months in India but without mutual consent it may take years altogather. Yes, it is possible to file for divorce without mutual agreement and

later on convert it into divorce with mutual agreement in case the other

spouse becomes agreeable.

Thanks.

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Answered on 6/20/02, 2:59 pm


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