Procedure to apply for contested divorce

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From the facts stated, you can proceed with a contested divorce even if your husband is not cooperating or has absconded. His non-appearance will not stop the case. The Family Court has power to order substituted service such as paper publication and, if he still does not appear, the court can proceed ex-parte and decide the matter based on your evidence. There is no fixed minimum timeline. Normally, a contested divorce may take around 1.5 to 3 years depending on court pendency. However, if the respondent continues to evade summons and the matter proceeds ex-parte, the process may be comparatively faster. Since you already have DVC, maintenance and criminal proceedings pending, it is very important that all cases are handled in a coordinated and strategic manner. Proper drafting, evidence and timely applications for substituted service and early hearing will help in speeding up the matter. The cost and exact strategy depend on your case documents, facts and urgency. It is advisable to take a detailed legal consultation so that your records can be reviewed and the most effective course of action can be planned for early relief.

Advocate Pavani Kumari LawRato