Procedure and time to get judgement in contested divorce

603 votes

There are two ways to take Divorce in India:
1) Divorce with Mutual Consent: When husband and wife both agree to a divorce; the courts will consider a divorce with mutual consent. For the petition to be accepted, however, the couple should be separated for over a year or two years (as per the relevant act) and be able to prove that they have not been able to live together. Often, even when either husband or wife is reluctant, they still agree to such a divorce because it is relatively inexpensive and not as traumatic as a contested divorce. Matters such as children’s custody, maintenance and property rights could be agreed to mutually.
Divorce Without Mutual Consent: In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. The reasons for divorce are as follows, though some are not applicable to all religions.
1. Cruelty
2. Adultery
3. Desertion
4. Conversion
5. Mental Disorder
6. Communicable Disease
7. Renunciation of the World
8. Presumption of Death
however there is no fixed time period for this. it depends upon the time taken by different proceedings.

Advocate Siddhant Sharma LawRato

614 votes

Dear Client,
It depends upon grounds on which wife files divorce case. If grounds are strong and acceptable to the courts for granting divorce then even if husband did not accept the divorce, courts will grant divorce. Time for granting divorce will depend upon several factors and varies from case to case. It depends upon the defense taken by the opposite side, time taking for letting evidence of both the sides, nature of the advocates, seniority of advocates, nature of the judges etc.,

Advocate Sistla Rama Krishna LawRato

766 votes

The grounds of divorce should be strong enough to meet the legal requirement. Contested divorce may take minimum 4 to 5 years. try to solve the problem from elders in the family . Counseling is paramount important. Court also try mediation to make them together and resolve the differences.

Advocate Sanjeevi Krishna Rao LawRato