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An Interview with Advocate A.M. Iktear Uddin ( popularly known as Advocate Anik), Special Public Prosecutor & Partner, Prime Legal. Assisted by Arjita Mondal, Associate, Prime Legal
Interviewer: Advocate Anik, thank you
for joining us. There’s a growing demand for quick, no-conflict separations. Is
it really possible to get a divorce by mutual consent in just 15 days?
Advocate Anik: Thank you.
Yes, it’s possible. Although Indian marriage laws, especially under the Hindu
Marriage Act, prescribe a six-month waiting period, courts now have discretion
to waive it in genuine cases. If both parties amicably settle all
issues—custody, alimony, property—the court may permit a fast-track divorce.
With the right legal strategy and proper documentation, we have successfully
helped couples obtain a divorce by mutual consent in as little as 10 to
15 days.
Interviewer: Can you explain the legal
foundation for such quick mutual consent divorces?
Advocate Anik: Certainly.
Section 13B(1) of the Hindu Marriage Act allows for divorce by mutual
consent if spouses have been living separately for a year. Section 13B(2)
provides a six-month cooling-off period, but recent Supreme Court rulings have
clarified it’s directory, not mandatory. So in exceptional
circumstances—irretrievable breakdown of marriage, mutual settlement, no
pending issues—courts can waive the waiting period, paving the way for a
quick divorce in India.
Interviewer: How does this process differ
under other personal laws?
Advocate Anik: Under
Muslim, Christian, and Special Marriage Act laws, the grounds and procedures
vary slightly. However, the principles of urgency, mutual settlement, and
closure still apply. Depending on the couple’s religion and case facts, we
select the right legal pathway to request expedited separation. Our team at
Prime Legal, known among the best divorce lawyers in Bangalore, ensures
clients receive expert advice tailored to their legal framework.
Interviewer: What’s your approach to
custody in fast-track mutual consent divorces?
Advocate Anik: Custody
must be settled mutually to avoid delays. We usually recommend one parent get sole
custody, with structured visitation rights for the other. However,
our priority is the best interests of the child. Courts act swiftly if
custody terms are clear, reasonable, and mutually agreed upon—especially in mutual
consent divorce cases.
Interviewer: Can you outline how one can
get a divorce in 15 days?
Advocate Anik: Here’s a
simplified process we follow for clients seeking fast-track divorce in India:
1.
Pre-Filing Stage
- Initial consultation with your divorce
lawyer
- Gather documents:
- Marriage proof
(certificate, photos, invitation)
- Terms of mutual settlement
- ID/address proof of both spouses
2. Filing
the Petition
- File joint petition for divorce by
mutual consent
- Include waiver request for six-month
cooling-off period
- Present the case for irretrievable
breakdown of marriage
3. Court
Proceedings
- Attend 1–2 hearings in family court
- Mediation or counseling (if needed)
- Court passes final divorce decree
- Receive:
- Certified judgment copy
- Mediation agreement (if
any)
- Divorce decree
Note: Timelines vary slightly across
jurisdictions, but with solid preparation, it’s absolutely possible.
Interviewer: What allows courts to make
such fast decisions?
Advocate Anik: Courts are
guided by precedent. The Supreme Court held that reconciliation periods can be
waived in exceptional situations. As one of the top divorce lawyers in
Bangalore, we strategically present such cases with complete documentation
and align them with these precedents. That’s what enables fast-track
resolutions without compromising legal integrity.
Interviewer: Any final words for couples
looking to move on respectfully and swiftly?
Advocate Anik: Be honest,
transparent, and clear in your intentions. Resolve all ancillary matters—child
custody, maintenance, property—before filing. Then choose experienced legal
counsel who understand judicial discretion and documentation strategy. At Prime
Legal (www.primelegal.in) , we’ve
helped hundreds of couples obtain quick mutual consent divorces in Bangalore
and other cities, ensuring peace and finality in a dignified manner.
About the
Experts
Advocate A.M. Iktear Uddin (Anik) is an
award-winning lawyer and Special Public Prosecutor with over 15 years of
experience in family law, criminal cases, cybercrime, and high-stakes
litigation. He is known for delivering fast, strategic legal solutions. Advocate
Ayantika Mondal, his partner at Prime Legal, is a
highly regarded family and corporate lawyer, with deep expertise in compliance,
PMLA, and dispute resolution. Both are ranked among the best divorce lawyers
in Bangalore, offering unmatched legal insight and client care.
