Many of my clients ask me, ‘Sir, how much time does a divorce take?’ While a mutual divorce is straightforward, a contested divorce is quite different. To address the common concerns of many individuals, I, Vishal Saini Advocate, have decided to write this article

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Contested Divorce Meaning:-

Under Indian law, a contested divorce is a legal process where one spouse seeks to dissolve the marriage in the court of law without the mutual consent of the other, due to disagreements on various issues such as alimony, child custody, division of property, etc. The process and grounds for a contested divorce in India are primarily governed by personal laws relating to the parties’ religion and the secular law, the Special Marriage Act, 1954, for inter-religious marriages.

Grounds for Contested Divorce

The grounds for a contested divorce vary according to different personal laws but generally include:

• Adultery
• Cruelty
• Desertion
• Conversion to another religion
• Mental disorder
• Communicable disease
• Renunciation of the world
• Presumption of death

For Hindus, Jains, Buddhists, and Sikhs, the Hindu Marriage Act, 1955 applies. Muslims are governed by the Muslim Personal Law (Shariat) Application Act, 1937, and the Dissolution of Muslim Marriages Act, 1939. Christians are governed by the Indian Divorce Act, 1869, and Parsis by the Parsi Marriage and Divorce Act, 1936. The Special Marriage Act, 1954, applies to inter-religious marriages and those who wish to marry or divorce irrespective of their religious beliefs in a civil manner.

Process of Contested Divorce

1. Filing of Petition: The process begins with one spouse (the petitioner) filing a divorce petition against the other (the respondent) in the family court. The petition must clearly state the grounds for seeking a divorce.
2. Service of Notice: Upon filing the petition, the court issues a notice to the other spouse, requiring them to appear before it.
3. Response: The respondent must file their reply (written statement), contesting or agreeing to the allegations made against them.
4. Trial: If the divorce is contested, the court conducts a trial where both parties present evidence and witnesses to support their claims.
5. Interim Orders: During the trial, the court may pass interim orders regarding child custody, maintenance, or restraining orders, as necessary.
6. Final Judgment: After hearing both sides and examining the evidence, the court will pass a final order. If the divorce is granted, the marriage is legally dissolved.

How to Get Contested Divorce in 6 Months?

The intention of the legislature ( rule makers):

In India, obtaining a contested divorce within 6 months is exceptionally challenging due to the nature of contested proceedings, which typically involve lengthy legal battles over various issues such as child custody, alimony, and asset division. However, the Hindu Marriage Act, 1955 (HMA), under Section 21B, introduces provisions aimed at expediting the process of divorce cases.

Section 21B of the Hindu Marriage Act specifically deals with the expeditious disposal of divorce cases. It contains two crucial subsections:

1. Section 21B(2) mandates that every petition filed under the Act shall be tried as expeditiously as possible and efforts shall be made to conclude the trial within six months from the date of service of the notice upon the respondent.
2. Section 21B(3) stipulates that every appeal under the Act shall be heard as expeditiously as possible and an endeavor shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.

Despite these provisions, achieving a contested divorce within 6 months can be difficult due to several reasons:

• Contested Nature: In contested divorces, where one party does not agree to the divorce or its terms, the process involves detailed legal procedures, including filing of petitions, responses, evidence gathering, and court hearings. These steps inherently take time.
• Court Backlogs: The Indian judicial system often faces backlogs, which can delay the hearing and resolution of cases, including divorces.
• Complex Legal Issues: Contested cases often involve complex issues requiring detailed examination and adjudication, extending beyond simple determinations.

However, there are a few strategies that could potentially help in expediting a contested divorce, although success is not guaranteed:

• Efficient Legal Representation: Hiring an experienced lawyer who can navigate the legal system efficiently and press for expedited proceedings might help in speeding up the process.
• Mediation and Settlement: Although the divorce is initially contested, if both parties can be brought to agree on contentious issues through mediation or negotiation, they can convert the case into one of mutual consent, significantly reducing the time required for the divorce.
• Filing Under Specific Grounds: Choosing grounds for divorce that may be easier to prove and less likely to be contested by the other spouse could potentially expedite the process, although this varies significantly on a case-by-case basis.

Ultimately, while Section 21B(2) of the HMA aims to expedite divorce proceedings, the actual timeframe for obtaining a contested divorce in India depends on a variety of factors, including the complexity of the case, the workload of the courts, and the willingness of both parties to negotiate and settle disputes. It’s important for individuals seeking a contested divorce to consult with a legal professional to understand the realistic timelines based on their specific circumstances.

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