How long does it take for divorce in India


How long does it take for divorce in India

Well it may take anything from a minimum of Three hearings or may be 6 month period of time to one year approx  (Divorce with Mutual consent, where in a joint petition is filed by both husband and wife) to as long as 2 -10 years also or more.
I have seen a case where in the summons were issued to the counter party and on non appearance , the court gave one sided judgement.
Divorce with mutual consent : In this the husband and wife file a joint petition to the court agreeing on the terms and condition of divorce. They should have lived separately for a minimum of 6 months on the day of filing the petition. The court gives a date after six months and both the parties have to be present on the said date. If either parties backs out, the petition is cancelled. If both of them still agree to get separated, the court passes the decree of divorce.( I think this is the best method even if you are slightly at some financial loss or have to sit and speak/convince the other party. This would save you from the trauma. Every time you go for hearing, the entire traumatic experience would come full circle. Moreover you would end up wasting a lot of time, money and energy meeting the lawyer, paying him for every hearing, waiting at the court, you would get terribly exhausted.)
Contesting a divorce case: This is one of the worst experiences one would go through as it gets prolongs unnecessarily based on the evidences, facts, hearing etc. It prolongs unnecessarily and can become extremely nasty if the parties are at loggerheads. You would be given date after date for the same but it would get delayed. The case may get further prolonged if there is property to be shared/ a part demanded from the other party. Basically it depends on a factors like the charges on each other, demand for alimony, evidentiary proof for the same etc.
Relief - Fast Track Courts : If you have been contesting for your case for more that 2 years, you can transfer your case to Fast Track Court. You might have to shell a little bit of money for this as the entire system is corrupt but you would get the judgement in 6 months. Your lawyer should be able to help you and guide you on this. Fast Track courts were set up in 2000 in India to expedite and dispose the long pending cases in the courts. You can google the same and find details.

In India there are two ways in which you can file for Divorce i.e. by mutual consent or one sided (contested)
In divorce by mutual consent, both parties have to file or apply for divorce jointly and after having the time period of six months (cooling period) if the parties are still adamant on their decision ,then the court will pronounce the decree of divorce, this method is of course time saving.
Divorce by contesting, can be time consuming in case you don’t have any evidence to set or prove the ground of divorce i.e renunciation from world , conversion to any other religion, incurable or vulnerable disease like leprosy, cruelty to such an extent that it is harmful to live with the spouse , incurable mental disorder , adultery etc. But in case you have certain evidences to prove above mentioned ground you can easily get the desired result in 2–3 years depending upon the situation. Actually lack of judges not the procedure is the problem in our judicial system.
For any legal query or free legal advice log on to www.lawtendo.com

Comments

  1. POSHADVOJuly 18, 2023 at 3:12 AM

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