Make a joint application in family court for conversion of existing petition of divorce into divorce by mutual consent 

2) enclose affidavit in support 

3) consent terms duly signed by north the parties 

4) court should grant application 

5) also make application for waiver of cooling period 

You have the following options 

To file an amendment petition to amend the provisions of law to convert contested divorce to mutual consent divorce.

The second option is to withdraw the present case and simultaneously file the divorce petition on the grounds of mutual consent.

In both the cases you can get the case disposed within 15 days if the procedures are followed as per law properly.

Sir, for mutual divorce, you need to file 2 separate petitions for 1st motion and 2nd motion under Sec. 13B of Hindu Marriage Act. The petition you have filed right kow is a contested petition. Under Sec. 13B joint petitions will be filed as per settlement/ memorandum of understanding. You will be given 6 months time period to rethink about finally getting divorced. However, there is a judgement by which, the 6 months time period can be waived off. If your advocate is good and prompt, he can get you the final decree of divorce within a month maybe less.

If both agree for mutual divorce then the present case for contested divorce is to be first withdrawn.

Thereafter both of you jointly will have to file a petition for mutual divorce .

Such case takes minimum of 6 months of time.

DEAR SIR,

You are advised the file the fresh petition Under section 13 B of Hindu Marriage Act. 

For a mutual consent divorce, it’s best to proceed under Section 13B of the Hindu Marriage Act rather than 13(1)(ia), as 13B is specifically designed for mutual consent divorce and has a simpler, faster process.

Here’s a breakdown of steps and timeline under Section 13B:

1. First Motion:

   • Both parties file a joint petition for divorce by mutual consent (Section 13B).
   • The court records statements from both parties regarding their mutual consent.

2. Cooling-Off Period:

   • After the first motion, there’s usually a six-month waiting period to allow both parties to reconsider. However, in some cases, this period can be waived if the court is satisfied that there’s no chance of reconciliation, reducing the total time.

3. Second Motion:

   • After the cooling-off period, both parties appear again before the court to confirm their consent. If both parties are still in agreement, the court will grant the divorce decree.

Timeline:

• The process usually takes 6 to 18 months depending on the waiver of the cooling-off period, court availability, and both parties’ cooperation.

If both of you agree, you may file a joint petition for divorce by mutual consent. It may prove to be less time consuming and more cost-effective. The whole process can be completed within 6 months, depending upon the court's workload. 

Dear Client,

In the Present Scenario, you are a husband and you have submitted a divorce petition under the Hindu Marriage Act, under §13(1)(ia). As a Respondent, you have agreed to come forward for a mutual divorce. Herein, with respect to speeding the process, if you and your wife have agreed to file mutual divorce, it may be suggested that you file an application under §13B of the Act, so that the process is faster and more straightforward compared to under §13(1)(ia). In a mutual divorce, both parties may file a joint petition stating that they have been living separately for at least one year and have mutually agreed to end the marriage. The court would record the petition, after which a mandatory 6-month cooling-off period would be asked for, and on satisfaction, a final decree of divorce would be granted. This may take a time period of 6 months to 1 year. However, under §13(1)(ia), it may take more than 1 year, especially for proving cruelty. Hence, it is suggested that you may shift to mutual divorce under Section 13B to make the process quicker, less contentious, and simpler.

Hope you find this answer beneficial for resolving the dispute.

There is a single section for mutual consent divorce for Hindus section 13B of Hindu marriage Act. It takes 8 months for the decree.6 months waiting

If you have engaged a lawyer, he can take steps to get the divorce converted to mutual. The procedure differs from one family to other within the state and outside the state.

G.Rajaganapathy,

Advocate,

High Court of Madras.

- Since, you have filed a joint petition for divorce under 13(1)(ia) of Hindu Marriage Act, then after allowing this  petition you will have to proceed for the second motion after filing a fresh petition under Section 13(2) before the same court after passing cooling period of six months. 

- This six mothers cooling period can be waived after moving an application with the second motion petition. 

- Divorce can be allowed within a short period of time under the mutual consent.