How to Get a Quick Divorce ?


Posted On : September 16, 2019
How to Get a Quick Divorce ?
Divorce is usually a long-drawn process but if the couple or the party to the case wish and jointly desire to then they can think of other ways of getting a quick divorce through mutual consent which has been discussed in this blog. Filing an MCD is the best option and if someone has already filed a contested divorce then it can be converted to MCD.
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Whenever the matrimonial relationship sours and the couple individually starts heading north and south and if the path leads towards a court, then it is disastrous for the relationship. Usually, the husband-wife relationship turns so bad that most of the case end in court as contested divorce cases. As a norm and any contested divorce case would be considered as a normal civil case and will be meted out a similar treatment meaning it will have the similar stages and will follow the same trial procedures. One of the effects is confirmed that it will take lot of time to get the matter settled.

What is the meaning of contested Divorce?

A contested Divorce case is file under Section 27 of Special Marriage Act, 1954 for people who have done inter-caste marriage or marriage under this Act. Hindus file contested divorce case under Section 13 of Hindu Marriage Act, 1955 and Christians file under Section 10 of Divorce Act of 1869. As it sounds the divorce process is contested meaning one party is asking for divorce and the other party is denying it and hence the fight continues in the court of law and goes on for a longer period of time till a conclusion is arrived at.

There are different grounds for filing a contested divorce. The Basic grounds are as follow;

What is the meaning of Divorce by Mutual Consent?

As the word itself suggests when both the husband and wife come together and decide “mutually’ to settle the matter and not to fight it out in the court of law hence file a joint petition together to end the marriage then it is called a Mutual Consent Divorce or MCD.  Filing a petition for a 'mutual divorce' would be appropriate if both you and your spouse are having to deal with marital issues and it has gotten to a point that both of you are looking for legal separation.  Those who are married under the Special Marriage Act will be filing the case under Section 28 of the Act. The Hindus file the MCD under Section 13 B of HMA and Christian file MCD under Section 10 A of the Divorce Act, 1869. Consult mutual consult divorce lawyer to know the applicable laws and remedies available.


The necessary conditions to file Mutual Consent Divorce

While filing the mutual consent divorce you have to keep in mind the that you fulfil the following conditions otherwise the chances of getting petition rejected by the court will be higher;


(i) The separation between husband and wife for at least a year or more.


(ii) It's impossible for both spouses to live together.


(iii) Both the spouses are of the opinion and in fact, have mutually agreed that the marriage cannot be salvaged at all and therefore ought to be dissolved. Under these circumstances, filing a Divorce by Mutual consent would not only be appropriate but a necessary condition to carry on the life peacefully.



The place for filing a divorce petition


Where to file a divorce, case is the question and the answer to that question is dependent on the following three points;


Step-by-Step Process for Mutual Divorce


Step 1: Divorce Petition to file

At the outset, a petition for dissolution of marriage has to be presented to the family court or to the District Court by both spouses for a decree of divorce on the basis of not being able to stay together and therefore both spouses have consented to dissolve the marriage or they have been separated for at least a year or more. This joint petition has to be signed by both parties.



Step 2: Court appearance and petition inspection

Both spouses would have to make an appearance before the family court after the petition has been filed and at the same time the spouses would have to present their counsels/lawyers. Upon critical observation of the petition along with all supporting documents by the court, the court may even try and reconcile the marital issues of the spouses. If that fails then the matter proceeds to the next level for even further follow-ups.



Step 3: Decree for a recording of statements on oath

Once the court analyses the petition and it's satisfactory, it may decree the statements of the parties be recorded under oath.



Step 4: Between the passing of the first and the second motion a period of six months elapses

With the statements of the parties to the suit already recorded, the court passes a decree on the first motion. Thereafter, both the parties to the divorce suit get a period of six months prior to filing the second motion. At most, it would take 18 months from the presentation date of the divorce petition in the family court.



Step 5: Second Motion and the Final petition hearing

The penultimate step is that once the parties have made a mutual decision to pursue the proceedings and be there for the second motion, final hearings may ensue which includes recording of statement of parties in front of the Family Court.



Step 6: Divorce Decree

When the divorce is mutual, the consent is from both parties and therefore contentious matters related to alimony, child custody, maintenance, property, and so on are all taken care of or have been agreed upon by both parties. Therefore, a complete and absolute agreement between the parties is needed for finally deciding on dissolving the marriage.


After hearing the parties if the court is satisfied that what has been alleged in the petition are in fact true and that isn’t any possibility of the parties reconciling and cohabiting at all, the decree of divorce gets the court’s seal of approval, and the divorce is final. Local lawyers can help greatly for legal representation in divorce cases. Approach divorce lawyer in Kolkata for legal assistance in Kolkata city.


Waiving off of 6 months Cooling Off period by the Court

The Supreme Court recently has maintained that the period of 6 months allocation to the parties can be negated at the decision of the court. In other words, it’s the court’s discretion to override the six months’ time period.

Hence, the parties genuinely intending to reconcile their marital issues including alimony, child custody or any other outstanding issues, it can be waived off in these six months.

Even if the court’s opinion is that the longer the waiting period the parties would suffer more, in this case also the six months can be waived off.

Conversion of Contested divorce cases to MCD

Once a contested divorce case has been filed during the process if the couple feels that it was not the right choice to go ahead as that brings heartburn and pain to both the parties and they would like to end it as soon as possible then they can do so. There is possibility of converting the contested petition into MCD and the litigants have to jointly move an application. The District Courts have discretionary powers to convert the case when a joint petition is moved by the parties.  Hon’ble Calcutta High Court in Rajesh Lakhotia vs. Smitha Lakhotia, C.O. 3672 of 2013, clearly mandated that the District and Family Courts have all the discretionary powers to convert a contested divorce petition into mutual consent divorce when approached by both the parties.

This way one can hasten the process of divorce and get the much needed relief faster.


Written By:
Avik  Chakravorty

Avik Chakravorty


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