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How Much Time Does a Divorce Case Take to Complete in India?
14-Jun-2024 (In Divorce Law)
- If both spouses agree (Mutual Divorce)
- If the husband does not agree (Contested Divorce),
Mutual consent divorces normally take about 6'18 months because Section 13B of the Hindu Marriage Act requires two motions with a minimum six'month interregnum (text of S.13B). [https://indiankanoon.org/doc/439618/] Courts, however, may waive the six'month waiting period in appropriate cases (see Amardeep Singh v. Harveen Kaur, SC, allowing waiver subject to conditions). [https://nearlaw.com/PDF/SC/2017/2017-ALL-SCR-1858.html] The Supreme Court has also held that mutual consent must subsist until the decree is passed (Sureshta Devi v. Om Prakash, AIR 1992 SC 1904). [https://www.legalauthority.in/judgement/smt-sureshta-devi-vs-om-prakash-28977] Contested divorces (grounded under S.13 of the Act) have no fixed statutory duration and depend on evidence, interim applications, appeals and court backlog; they commonly take several years (often 1'5 years or longer, and in complex or backlog'heavy jurisdictions 5'10+ years). [https://indiankanoon.org/doc/590166/] [https://www.restthecase.com/knowledge-bank/mutual-consent-divorce-procedure] [https://lawcrust.com/mutual-divorce-timeline-india/] Systemic pendency in courts contributes to these delays (see recent reports on court backlogs). [https://timesofindia.indiatimes.com/city/kolkata/bengal-had-3rd-highest-cases-pending-trial-in-2023-ncrb/articleshow/125370436.cms]
In India, the time required to get a divorce depends on whether it is filed with mutual consent or as a contested case. Here's an overview:
1. Mutual Consent Divorce
If both spouses agree to divorce, they can file a mutual consent divorce under the Hindu Marriage Act, 1955 or other applicable laws. After filing a joint petition in the family court, a six-month cooling-off period is given for reconciliation. If both parties still wish to proceed, the court grants a divorce decree. The entire process typically takes 6 to 18 months, depending on the court's workload.
2. Contested Divorce
In a contested divorce, one spouse seeks divorce while the other disputes it. These cases take longer due to legal proceedings, evidence submission, and hearings. The duration depends on:
- Complexity of the case
- Number of legal issues involved (e.g., maintenance, child custody)
- Willingness of both parties to negotiate
- Backlog of cases in the court
A contested divorce in India can take several months to years to finalize.
Other Considerations
- Timelines vary based on individual circumstances and court efficiency.
- Laws differ for different religions (Hindu, Muslim, Christian, etc.).
- Consulting a family lawyer is advisable for legal guidance based on your specific situation and state jurisdiction.
Would you like any further refinements? ?
Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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Contested Divorce: If the husband does not agree, legal strategies can be used to encourage a settlement. However, a contested divorce is a lengthy process and can take several years to reach a resolution, depending on the complexity of the case and court proceedings.
Adv. Aveek Bose
Adv. Aveek Bose
Kolkata | 1000+ Answers
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Contested Divorce: If one spouse files for divorce without the other's consent, there is no fixed timeline for case resolution. The duration depends on court proceedings, case complexity, and legal arguments presented.
Adv. Sanjoy Acharjee
Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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- Mandatory Separation Period: You must live separately for at least one year before filing for divorce.
- Mutual Consent Divorce: If both parties agree, the process takes a minimum of six months from the date of filing.
- Contested Divorce: If one party does not agree, the duration is unpredictable as it depends on court proceedings, case complexity, and legal arguments.
Adv. Partha Ray
Adv. Partha Ray
Kolkata | 25+ Answers
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