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How to get fast divorce in India

I have seen many people’s divorce cases pending for 10-20 years and there must be questions in your mind regarding how to save your precious time and get a divorce fast in India in this article I have explained how to get a fast divorce in India. Divorce by mutual consent is considered to be the fastest and the easy way to get a fast divorce in India. This process under mutual consent divorce is considered to be inexpensive and non-tortuous for both parties.

How to get a Fast divorce in India?

But before proceeding further you need to know the Hindu marriage act is applicable to you or not ?

To whom Hindu marriage act is applicable? 

As per Section 2 of the Hindu Marriage Act, 1955.   [1]

The Hindu marriage act applies to:-

(a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj,

(b) to any person who is a Buddhist, Jaina or Sikh by religion, and

(c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion unless it is proved that any such person would not have been governed by the Hindu Law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

In India, there are two options for getting a divorce as per the Hindu Marriage Act.

 

  1. Mutual Divorce:– Where both Spouses agree to divorce.
  2. Contested Divorce:-Contested divorce in India reflects a  particular situation wherein one spouse has finally made up his/ her mind to proceed with the divorce and the other spouse didn’t agree with such a thing.

Mutual Divorce

Mutual divorce is filed u/s 13B of the Hindu Marriage Act, 1955. Divorce by mutual consent is considered to be the fastest and the easy way to get a fast divorce in India

The application for divorce can be moved by parties on the ground that husband and wife have been living separately for a period of 1 year or more and they have not been able to live together and they have mutually agreed that the marriage should be dissolved.  The first motion statement will be recorded after filling of the divorce case before the family court and after the first motion, the second motion statement will be recorded after giving a period of 6 months to give time and opportunity to the parties to reflect on their move and seek advice from relations and friends. Mutual consent should continue till the divorce decree is passed.

Contested Divorce:- if another spouse 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 within 6 months from the date of service of notice.

FAQs (Frequently Asked Questions)

  1. How much time contested Divorce takes?

-> 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

2. Benefits of Mediation in family law cases?

-> Parties can save time and sometimes rebuild their married life in matrimonial disputes you can read this article

3. How to Contact You for a divorce case?

->. You can reach me at +91-9991188899

4. How to get maintenance from the husband?

-> You can read this article

 

 

 

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