Mutual Consent Divorce Granted Within One Month
Our client — a husband and wife — approached SJ Law Firm seeking assistance for a mutual consent divorce. Both parties had amicably decided to end their marriage on mutual terms, without any disputes regarding alimony, property, or custody. The urgency arose because the wife had secured an overseas employment opportunity and was required to relocate to the USA within a month.
Challenge
Under Section 13B of the Hindu Marriage Act, 1955, the statutory cooling-off period of six months is ordinarily required between the first and second motion of a mutual consent divorce. However, due to the wife’s short timeline for relocation, waiting for six months would have caused serious inconvenience and hardship.
The challenge, therefore, was to:
- File the mutual consent divorce petition promptly.
- Seek waiver of the statutory six-month period through appropriate legal reasoning and judicial precedents.
- Ensure both parties’ presence and documentation were complete for early disposal.
Legal Strategy Adopted
Our firm meticulously drafted and filed a petition under Section 13B of the Hindu Marriage Act, 1955, supported by a joint affidavit from both parties stating:
- Their marriage had irretrievably broken down.
- They had been living separately for more than one year.
- There was no possibility of reconciliation.
- Both mutually agreed to dissolve the marriage voluntarily and without coercion.
Simultaneously, we filed a petition for waiver of the cooling-off period under the principles laid down by the Hon’ble Supreme Court in Amardeep Singh vs. Harveen Kaur (2017) 8 SCC 746, which allows courts to waive the six-month period in genuine cases where the marriage has completely broken down.
Court Proceedings & Outcome
The matter was filed before the Family Court. After verifying the joint statements and documents, and considering the wife’s relocation to the USA, the Hon’ble Court was satisfied that:
- The consent was free and voluntary.
- There was no chance of reconciliation.
- The delay would cause undue hardship to both parties.
Accordingly, the Court waived the statutory period and granted the decree of divorce within one month of filing the petition.
Result
- Mutual Consent Divorce Decree Granted within 30 Days
- Successful Waiver of Cooling-Off Period
- Both Parties Free to Pursue Their Lives Amicably
- Client Relocated to USA Without Legal Impediments
Key Takeaway
This case highlights the importance of strategic legal drafting, timely filing, and effective use of judicial discretion to obtain expedited relief in mutual consent divorce cases.
At SJ Law Firm, we specialize in Family Law, Divorce, and Matrimonial Settlements, ensuring swift, transparent, and legally sound resolutions for our clients.