how long does it take for Divorce not by mutual consent

282 votes

As you mentioned, that your wife is not willing to give divorce by mutual consent. Then the option available with you is to file petition under Section 13 of Hindu Marriage Act 1955. The grounds are reproduced here under for your better understanding:

 1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party:-

 i) is living in adultery; or

 ii) has ceased to be a Hindu by conversion to another religion;
 
iii) has been incurably of unsound mind for a continuous period of not less than three years immediately preceding the presentation of the petition; or

 iv) has, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from a virulent and incurable form of leprosy; or

 v) had, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form; or

 vi) has renounced the world by entering any religious order; or

 vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; or

 viii) has not resumed cohabitation for a space of two years or upwards after the passing of a decree for judicial separation against that party; or

 ix) has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree.

 
Depending on the facts of your case, you  may file petition on any of the above mentioned ground and seek divorce.

 
It is a lenghty procedure and it may take 1-3 years to obtain divorce decree from the court.
 

LawRato LawRato

755 votes

It will take minimum 1 year and maximum depends upon the other side (Respondent). If it is mutual then divorce can be obtained in 6 months otherwise it will be contested divorce it may take minimum of 1 year and max depends.

Advocate B. Sivasubramanian LawRato

529 votes

Since the husband has filed divorce, if she receives the summons and prefers not to appear before court then the court may set her exparte. It means that she will be called absent and the court will decide agaisnt her by granting divorce as prayed for by the husband. After setting her exparte, the court will instruct the husband to depose evidence supporting his plea/case, after this, the court will pass judgment granting exparte divorce.

LawRato LawRato