A lot of my clients ask me, sir, how much time a divorce will take. Mutual divorce is easy to step, but contested divorce is somewhat different. To clear most of the doubts of people, I (Vishal Saini Advocate) thought that I should consider writing this article.
A contested divorce is a formal way of seeking a divorce from your spouse. There are some grounds on which a husband /wife can get a divorce. It should be exercised when mutual consent divorce is not possible. A contested divorce in India is basically a situation wherein one spouse has finally made up his/ her mind to proceed with the divorce and end up in matrimonial Life. There are some Grounds for Divorce for the Husband and wife. You can read them in the next para.
Under the Hindu Marriage Act,1955, the following grounds for divorce:-
You can discuss these grounds with your Lawyer/Advocate which one is good for you so that you can proceed legally.
The intention of the legislature while framing down provisions of the Hindu Marriage Act, 1955 is very clear to decide the proceedings under the act on day to day basis section 21B (1) of Hindu Marriage act 1955 states this further clause two reads as under:-
“Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.”
FAQs (Frequently Asked Questions)
A. A contested divorce is a divorce where one or both parties disagree with the terms of the divorce, such as property division, child custody, or alimony.
A. It is possible to complete a contested divorce in 6 months in India, but it depends on the specific circumstances of the case, such as the complexity of the issues in dispute and the speed of the court proceedings.
A. A contested divorce can be initiated by filing a petition for divorce in the appropriate court. The petition should outline the grounds for divorce and the issues in dispute.
A. The grounds for a contested divorce in India include cruelty, desertion, adultery, and mental illness or disability.
A. The procedure for a contested divorce in India involves filing a petition, serving the petition on the other party, and appearing in court for a series of hearings. The court will consider evidence and arguments from both parties and make a decision on the divorce and any related issues.
A. The time it takes for a contested divorce to be finalized in India can vary depending on the specific circumstances of the case. However, it can take several months or even years in some cases.
A. To get a contested divorce in 6 months in India, you should take the following steps:
A. The chances of getting a contested divorce in 6 months in India depend on the specific circumstances of the case and the cooperation of both parties. Factors such as the complexity of the issues in dispute and the speed of the court proceedings can affect the timeline.
A. The documents required to file for a contested divorce in India can vary depending on the specific circumstances of the case. However, typically, you will need to provide proof of your marriage and evidence to support your grounds for divorce.
A. The cost of a contested divorce in India can vary depending on the specific circumstances of the case, such as the complexity of the issues in dispute and the fees of your lawyer. However, it can be several thousand rupees or more.
A. Yes, you can represent yourself in a contested divorce in India, but it is not recommended as divorce law can be complex and a skilled divorce lawyer can increase your chances of a successful outcome.
A. If one party does not agree to the divorce in India, the court will hold hearings and consider evidence and arguments from both parties. The court will make a decision on the divorce and any related issues.
A. Yes, if both parties agree to the divorce, it is possible to get a quicker divorce in India through an uncontested divorce process.
A. If you take the help of a good lawyer/advocate, it can be decided within a period of 1 year. Since the provisions of section 21B (2) say this. It just needs to be implemented by an advocate
A.Parties can save time and sometimes rebuild their married life in matrimonial disputes; you can read this article
A. You can reach me at +91-9991188899
A. You can read this article
[…] is not agreeing to a mutual divorce then you have to fight to get a divorce. You can refer to this article for getting a contested divorce in 6 months from the date of service of […]
[…] In the last 7 decades of Indian history, many women’s protection laws are being made and I have seen that many laws are being amended but that is somewhat in violation of article 14 of the constitution of India Since it’s only from a perspective to uplift and protect the rights of Indian women. However, during the 5-7 years, several activists have been raising their voices against such biased laws against males. If such women only want a divorce they can get a divorce via the divorce process in India. […]
[…] In the last 7 decades of Indian history, many women’s protection laws are being made and I have seen that many laws are being amended but that is somewhat in violation of article 14 of the constitution of India Since it’s only from a perspective to uplift and protect the rights of Indian women. However, during the 5-7 years, several activists have been raising their voices against such biased laws against males. If such women only want a divorce they can get a divorce via the divorce process in India. […]
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