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Family Law India · 20 days ago · 691 views

Can I get a divorce by mutual consent in Gaya and how long does it take?

NA Asked by Naveen Shetty from India

Quick Answer

Yes, you can file for divorce by mutual consent in Gaya under the applicable provisions of the Bihar Rent Control Act 2017 read with the Hindu Marriage Act.

Detailed Legal Analysis

Yes, you can file for divorce by mutual consent in Gaya under the applicable provisions of the Bihar Rent Control Act 2017 read with the Hindu Marriage Act. The Patna High Court has clarified that the statutory waiting period may be waived in certain exceptional circumstances.

Both spouses must jointly petition the family court stating they have lived separately for the required period and mutual consent has not been withdrawn. The court refers the matter to a counsellor and then records statements before passing the decree.

Typically the process takes six to eighteen months depending on docket pressure. You must settle all issues regarding maintenance, custody, and property before filing.

Legal Provisions Referenced

Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.

Last updated: October 4, 2026 AI-assisted answer

Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.

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