There is a marked difference in divorce time periods in India about divorce by mutual consent as compared to the contested divorce. The Indian courts have laws and legal processes that aim at ensuring that justice is served in such a manner that every individual case takes a different time period to get resolved.
As a general rule, divorce proceedings that involve the agreement between the two parties take less time than those that have issues regarding custody of children, maintenance or property, etc.
Mutual Consent Divorce Time in India
A mutual consent divorce refers to the case in which both spouses are willing to get divorced and sort out all problems related to maintenance of children, alimony and other property matters.
According to section 13B of the Hindu Marriage Act of 1955, both spouses are required to file their petition before the family court together. Normally, there is a provision of a six-month cooling-off period between the first and second petition. But the Supreme Court of India has made it clear that courts can do away with it in some cases.
Therefore, the time for a mutual consent divorce in India may vary from 6 months to 18 months, depending upon various factors.
For a quicker process of divorce, many couples prefer to contact a mutual divorce advocate in Tis hazari court.
Contested Divorce Duration in India
In case of contested divorce, the process of divorce is quite different as one party files the divorce petition and the other party raises objections against the same or some of its aspects.
The duration of contested divorce is generally longer as the court has to analyse evidence, listen to testimonies, analyse legal arguments, and solve disputed aspects.
Some typical reasons for contested divorce are:
Cruelty
Desertion
Adultery
Change of religion
Mental disorder
Any other reason allowed by law
Duration of contested divorce can range anywhere between 2 to 5 years or more depending upon certain factors.
What Affects the Divorce Duration in India?
Various factors impact the divorce duration in India.
1. Type of Divorce
Cases in which both spouses consent to the process take less time than those involving litigation.
2. Court Workload
Family courts in various cities have different workloads. In case the court is very busy, more gaps will be needed between hearing dates.
3. Child Custody Disputes
In case there are children involved, their welfare takes precedence in the court. Child custody disputes will add to the family court divorce time period.
4. Property and Financial Issues
Disputes related to maintenance or alimony will take additional time to resolve.
5. Paperwork and Legal Representation
Proper documentation avoids additional delays. An experienced divorce lawyer in Delhi can help file the required paperwork from the outset.
Timeline of Divorce Petition Process
Comprehension of the divorce petition process assists in having realistic expectations.
Step 1: The Filing of the Petition
Either one or both of the parties file for the divorce petition in the family court.
Step 2: Court Notification
The court notifies the other side and sets up hearings.
Step 3: Mediation and Reconciliation
The court will usually try to reconcile both parties before continuing.
Step 4: Evidence and Arguments
In contested cases, evidence and arguments will be presented by both sides.
Step 5: Final Judgment
Based on the material reviewed, the court either approves or denies the divorce decree.
It is relatively fast in mutual consent cases but much longer in contested cases.
Hindu Marriage Act Divorce Timeline
Timelines for the Hindu Marriage Act divorce process depend on whether the issue is mutual or contested.
In case of mutual divorce:
Filing of joint petition
Statement of first motion
Cooling-off period (if any)
Second motion
Decree of divorce
In case of contested divorce:
Filing of petition
Written answer
Stage of evidence
Examination of witnesses
Closing arguments
Judgment
Clearly, contested divorce is obviously going to take more time since the court will need to establish the disputed facts before passing a judgment.
Average Divorce Time in India
Many people are interested in the average divorce time period in India. Although every case is unique, some broad guidelines can be drawn here.
Mutual divorce: Approximately 6–18 months
Contested divorce: Approximately 2-5 years or even more
These are just rough averages based on observations.
Need More Clarity on Mutual and Contested Divorce?
For those looking to get further insight into mutual and contested divorce, check out the following blog by us:
"MUTUAL DIVORCE VS CONTESTED DIVORCE: Legal Differences in India with Cost & Procedure"
It discusses the eligibility, grounds, cost, and court procedure related aspects which would help in making the correct choice of legal route.
For those looking to get professional help with their cases, contact Advocate Chirag Arora. It is quite easy to locate the office and get directions using the Google My Business page. Many people also take the help of a mutual divorce lawyer in Tis hazari court while dealing with cases of family law before the Delhi courts.
Final Thoughts
In India, the timeframe taken by divorce processes is highly dependent upon the nature of divorce involved. Divorces that involve mutual consent of both parties are generally quicker than those where one party is against the divorce as such divorces may involve lengthy court hearings.
Although nobody wishes to spend years in court talking about their personal issues, having the right legal advice would make the process easier and more effective for you. Divorce lawyers in Delhi can offer you all necessary advice concerning your divorce process.
Are you planning a divorce procedure and want to know more about your legal rights and options? Then it is high time you contact Advocate Chirag Arora for your assistance.