How much time does a divorce case take to complete
19-Feb-2023 (In Divorce Law)
The time taken for divorce in India can vary depending on several factors, including the type of divorce (contested or mutual) and the complexity of the case. Here's a general overview:
-
Mutual Consent Divorce: If both parties mutually agree to seek a divorce, it is known as a mutual consent divorce. According to the provisions of the Hindu Marriage Act, 1955, and other applicable laws, a mutual consent divorce can be obtained by filing a joint petition before the family court. The court usually grants a six-month waiting period (cooling-off period) to allow for reconciliation. After the cooling-off period, if both parties maintain their intention to divorce, the court can pass a decree of divorce. The entire process of obtaining a mutual consent divorce typically takes around 6 to 18 months, depending on the court's workload and efficiency.
-
Contested Divorce: In a contested divorce, one party seeks a divorce while the other party does not consent to it or disputes the grounds for divorce. Contested divorces can take a longer time to resolve compared to mutual consent divorces. The duration of a contested divorce can vary significantly depending on various factors, including the complexity of the case, the number of main and ancillary issues involved, the willingness of the parties to negotiate, and the backlog of cases in that specific court. Contested divorces can take several months or even years to be finalized.
It will be worthwhile for you to see that the timelines provided are general estimates and can vary based on the circumstances of each case and the efficiency of the court system. Additionally, the specific laws and procedures may differ for different religions (e.g., Hindu, Muslim, Christian) in India.
It is recommended to consult with a qualified family lawyer who can provide guidance based on your individual circumstances and the court practices in your State jurisdiction.
How long does a divorce take if one party doesn t agree in india?
How fast can you get divorce in India?
What is the waiting period for divorce in India?
Can we get divorce in 15 days?
2. If husband does not agrees then there are ways to make him agree under pressure. Contested divorce is a long drawn procedure which takes years to come to a solution.
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.
No Comments! Be the first one to comment.
- Retrieve streedhan from husband and how to get maintenance from husban
- APPEAL file at highcourt by ex-wife
- How to get court order to return my wife from USA along with child
- How to withdraw compromise memo which is filed before lok Adalat hindu
- Understand matrimonial alimony maintenance payment laws
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."