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How long does a contested divorce take in India? Minimum & Maximum Time for Contested Divorce
17-Jul-2024 (In Divorce Law)
Step-by-Step Process:
1. Filing the divorce petition:
- The divorce lawyer drafts a divorce petition based on the facts and circumstances narrated by the petitioner.
- The petition must include all relevant documents, such as the marriage certificate, wedding photographs, and any supporting evidence for the grounds for divorce.
- The petitioner signs the petition, affidavits, and vakalatnama before an oath commissioner or notary, usually located within the court premises.
- The contested divorce petition is submitted to the family court with the appropriate territorial jurisdiction.
- A petition number is assigned, which helps track the case status and hearing dates.
- Typically, the petition is listed for hearing within 7-10 days, though this may vary based on the court’s workload.
- The judge reviews the petition, hears opening arguments, and assesses whether the case has merit.
- If the petition is found valid, the court issues a notice to the other party, along with a copy of the divorce petition.
- On the next hearing date, the respondent (opposite party) must appear with their lawyer and submit a written reply.
- The court encourages mediation to attempt an amicable resolution.
- If mediation is successful, the matter may be resolved without a contested trial.
- If mediation fails, the case proceeds to trial.
- If an application for maintenance (usually filed by the wife) or child custody is submitted, the court first decides on financial security during the divorce process.
- The examination-in-chief and cross-examination of both the petitioner and respondent take place.
- Witness statements and supporting evidence are recorded.
- This stage is crucial and often takes multiple hearings.
- After the completion of evidence, both parties’ divorce lawyers present final arguments before the court.
- The court announces the judgment and grants or denies the divorce.
- If either party is dissatisfied with the judgment, they may file an appeal within 3 months.
- The minimum time for a contested divorce is around 6 months.
- In complex cases, it may take 1.5 years or longer, depending on court proceedings and legal complications.
Adv. Gowaal Padavi
Adv. Gowaal Padavi
Mumbai | 1000+ Answers
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