How much time does a divorce case take to complete

108 votes

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:

1. 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.

2. 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.

LawRato LawRato

783 votes

1. If both parties agree, then it takes 6 to 7 month from the date of filling the case.

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.

Advocate Aveek Bose LawRato

920 votes

1) If both parties are agreed for obtaining Decree of Divorce, then time has been fixed after 6 months and within 9 month from the date of filling of the Petition in the normal course. 2) If any party either husband or wife can file Divorce Suit against other, then there is no fixed period of disposal of the suit.

Advocate Sanjoy Acharjee LawRato

944 votes

Firstly you must live separately at least one year. Then from the date of filing it will take clear six months if both parties agreed. If not then its hard to predict the time. Bcoz time shall depend on the proccedings of the case.

Advocate Partha Ray LawRato

200 votes

What is the average time to divorce in India? In mutual divorces, it takes at least six months. In the case of a contested separation, it can take up to two years.

Advocate Chikirsha Mohanty LawRato