How long does it take for mutual divorce with kid custody?

[User_a7ea7f1d]

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User_a7ea7f1d
PARTICIPANT
January 22, 2025 at 6:59 pm

I would like to know how long does it take for mutual divorce in India and with a kid custody . The couple currently is in the cooling off period.

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[Vimalowl309]

V

Vimalowl309
PARTICIPANT
January 22, 2025 at 11:48 pm

Lawyer from delhi here!

Mutual divorce under hma prescribes 6 months but after supreme court held that cooling off period is not mandatory so after one week after first motion, request for waiving off cooling off period and filing of second motion of divorce can be filed and if it is allowed it can be wrapped up in 1 or 2 months or otherwise prescribed time frame ranges from 6 months to 18 months.

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[User_a7ea7f1d]

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User_a7ea7f1d
OP
January 23, 2025 at 2:56 am

But they are under cooling off period which will get over in Feb 2025. What happens after that?

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[Vimalowl309]

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Vimalowl309
PARTICIPANT
January 23, 2025 at 4:38 am

Second motion will be filed and court will allow it granting decree of divorce

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[User_a7ea7f1d]

U

User_a7ea7f1d
OP
January 23, 2025 at 5:25 am

And after second motion is filed , why does it take 6-18 months for court to give divorce ? Do they ask for some proofs ? Why doesn’t court I stat toy grant divorce?

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[Vimalowl309]

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Vimalowl309
PARTICIPANT
January 23, 2025 at 5:26 am

Total process is of 6-18 months

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[User_a7ea7f1d]

U

User_a7ea7f1d
OP
January 23, 2025 at 5:34 am

Oh okay. Thanks for clarification

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[Vimalowl309]

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Vimalowl309
PARTICIPANT
January 23, 2025 at 8:25 am

It will have to grant it

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[User_a7ea7f1d]

U

User_a7ea7f1d
OP
January 23, 2025 at 9:06 am

Under what circumstances it extends to 18 months?

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