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How long does divorce take if filed on ground of desertion?


27-Sep-2023 (In Divorce Law)
My brother was married by hindu law . It has been 1 year and 6 months since his marriage . Due to difference of opinion and ego clash and torture from his spouse , he is planning for a divorce . No child for them . Both my brother and his spouse are Hindu . His spouse is not agreeing for divorce by mutual consent . So we are planning to file divorce on grounds of Desertion after waiting for 2 years by living separately . My question is - How long approximately will it for the court to grant divorce if we apply in grounds of desertion ? Hope I get reply for this query Thanks
Answers (2)

Answer #1
915 votes
Hello,
According to HINDU LAW to apply mutual divorce they have complete one year life. Apart from Mutual divorce can be granted on five grounds 1. BIGAMY 2. DESERTION 3. CRUELTY 4. CHANGE OF RELIGION 5. LEPROSY.
Your brother cannot apply divorce on the ground of Desertion because husband and wife should completely living separately on 2 years only will help them to go on desertion ground. But you have mentioned married just 1.5 years back.

Your brother can apply divorce in the ground of cruelty.

Divorce process time consumption will take based on the other side. so, time cannot be calculated. if someone says 1 year or 6 months you please don't believe.

Answer #2
888 votes
It really depends on the circumstances like no presiding officer in that family court etc. and the attitude of the other party. If the other party wants to drag the matter it will go on for years. There cases where parties are fighting for decades.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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