How long does it take to get Mutual Consent Divorce in India?

Six months. If you have jointly presented a petition for mutual consent divorce under section 13-B, the court will give six months cooling off period after your first motion for the couple to think through and decide. After 6 months you can apply for a second motion anytime within 18 months to get your final hearing and divorce decree.Reducing the six month cooling off period is purely at the discretion of the court. Earlier it was mandatory but in 2017 the supreme court of India in Amardeep Singh vs. Harveen Kaur CA NO, 11158 OF 2017 suggested that it can be waived off based on the facts of the case and situation.The court has not mentioned any ground under which the waiver can be granted but in general, the following conditions have been considered in past-

1. When any of the couples were settling off abroad
2. When the wife was getting married (a woman is often considered a victim of divorce)
3. Urgent Medical conditions

As mentioned earlier, these are not defined by any law. It depends on the judge or how strongly your lawyer presents your case and the validity of the grounds under which you are applying for a waiver. In some cases, people are able to get their divorce within 2-3 weeks.On the contrary, if you have children, then the court will take time to consider your case. Before granting any waiver the court would like to be absolutely sure about

• Legal and Physical custody of your child,
• Their upbringing and well being,
• Division of your property, maintenance for the wife and children,
• Your joint liabilities,
• Alimony and other factors.