What is the procedure for divorce?

90 votes

There are two options for getting a divorce: 

A. mutual consent: where both of you have to give a joint application for divorce and within a year you can get the order.

B. Contested: you will have to approach the court by filing a divorce petition citing necessary reasons. After the same is admitted notice will be served to your husband. Thereafter he will file reply and after subsequent hearing of each parties divorce order shall be granted.

This process is lengthy and takes close to 4 years.

LawRato LawRato

940 votes

Hi, you have to file a petition for divorce before the competent court and you must stated in the petition that ground for divorce i.e cruelty, desertion etc..and you have to submit before the court.

Advocate Pradeep Bharathipura LawRato

783 votes

either husband or wife can file petition for divorce, parties must have been living separately for atleast 1 year before filing such a petition. The normal course for grant of divorce would be around 3 to 4 years.
However if both parties are willing then they can file for divorce by mutual consent, which would be around 6 months only.

Advocate Kiran N Murthy LawRato

511 votes

There are two options for getting a divorce:
A. mutual consent: where both of you have to give a joint application for divorce and within a year you can get the order.
B. Contested: you will have to approach the court by filing a divorce petition citing necessary reasons. After the same is admitted notice will be served to your husband. Thereafter he will file reply and after subsequent hearing of each parties divorce order shall be granted. This process is lengthy and takes close to 4 years.

Advocate Tanushree Sahani LawRato

904 votes

Please remember in Indian Law adultery can be filed only by a man against the man with whom his wife is in a relationship. Your case is the other way around. Since your friend has already admitted to his wife about his extra marital affair in this case the best recourse is to sit across the table and negotiate for a mutual consent divorce. If he delays taking action then his wife might file a domestic violence case against him or even 498A (subject to her having adequate proof). Please ask your friend to consult a lawyer to understand what legal course he needs to initiate.

Advocate Pipli Datta LawRato

609 votes

the other girl i.e. the girl friend of your friends husband is herself living in an adulterous relationship with your friends husband.
she will always be held wrong in the eyes of law so let her threaten, she cannot do anything.

On the other hand you have several provisions where you can shun her away from husband.

LawRato LawRato