Divorce Filing, Procedures and Timelines

Family Law
Divorce Law in India

Can You Get Divorce In 30 Days or How Soon You Can Get the Divorce?

Yes! You Heard It Right… How To Get Divorce In 30 Days? This Is The Most Frequently Asked Question By Most Of the Clients To Their Lawyers Practicing Family Law. The Question Is Pretty Much Like “Sir, Whatever It Takes I Want My Divorce Forthwith… Can You Do It?”

So, What If Your Spouse Doesn’t Agree For Divorce?

I Will Get Back Onto This Later But Let’s Just Have A Glimpse On The Divorce Law In India. Divorce Cases Are Of Family Law Proceedings Based On A Personal Law Which Takes Into Consideration Of The Customs, Beliefs, And Tenets Of The Religion Of The Parties. Though The Procedures Of Divorce Varies Religion To Religion, The Courts In India Keep The Litigants On The Same Queue No Matter Of Their Religion. Remember… I Am Talking About The Contested Divorce Case But Not Mutual Divorce Which Has A Standard Procedure. Say, If You Want To End Your Matrimonial Life And There Is a List Of Grounds Listed By Law Which You Can Choose From To File A Divorce Again I Am Not Getting Into Those Details.

You, Will Get a Plethora Of Advice and Content Online Written On The Grounds Of Divorce. Let’s Just Assume, You Have One Of The Divorce Grounds  And You Are Ready to Fight it in Court. So, You Say to Your Spouse “Hey… “Let’s See You In Court” But Not Realising A Long-Drawn Battle Awaits When Your Spouse Decides To Contest The Case Tooth And Nail.

What Happens In Divorce Court?  

Typically, divorce petitions are made more engaging by sad statements about the petitioner’s life compared to that of the “villainous” spouse, who should be influenced or motivated or both by in-laws and relatives. So, This is What Usually Happens In Family Courts When You Have Your Day In Court With Your Counsel.

Petition For Divorce Drafted And Filed In Court And Gets Document Number After Due Scrutinization Which Would Take At Least 7 To 10 Days, Depends On the Volume of Pending Cases.

Summon Issued To The Other Party For Appearance (Usually After 45 Days From The Date Of Filing Of The Petition) Before The Court To Submit The Response To The Divorce Petition.

Day 1 – Parties Are Called To Appear Before The Judge.

THE JUDGE: Both Present?… Okay, Go For Mediation.

YOU TO YOUR LAWYER: No… I Want Divorce Not Mediation

YOUR LAWYER: It Is A Procedure You Must Undergo As Per Law Even You Do Not Wish To See The Face Of Your Spouse. Just Go Inside And Tell Them You Are Not Interested To Live With Your Wife.

MEDITATION ROOM: Two Mediators Will Greet You With Smile/Grinding Teeth (Depends Their Mood) And Peeks Into Your Papers And Starts With Their Boilerplate Template “So… Children What Happened And Why Do You…)

30 Minutes Later You Coming Out Of The Room And Inform Your Lawyer

YOU: Sir… They Gave An Another Day For Mediation Too After 30 Days Even When I Was Clear That I am Not Interested

LAWYER: I Know.. I Know… You Know What That’s the Mandatory Procedure and You Cannot Skip It

This Is Just A Day One And A Tip Of The Iceberg Awaiting For More To Come. What Happens Later Is Altogether A Different Story For Which I Might Require One To Write A Book.

But In A Nutshell.. This Is What Usually Happens.. If you still want a divorce on the second day of mediation, the case will be sent back to court for a trial, and your spouse will have to defend your petition.

  • The Trial Commences For Deposition,
  • Cross-Examination Of Both The Parties And Their Witnesses And
  • The Final Arguments In The Midst Of Miscellaneous Petitions Of Maintenance, Child Custody and etc.,
  • Adjournments,
  • Court Boycotts (If You Are Unlucky)
  • Absence Of Your Lawyer
  • Absence Of Other Lawyer
  • Absence Of Judges Court Holidays
  • And Etc., Etc., Etc.,

If You Are Lucky The Case May Get Disposed of In 2 To 3 Years In Minimum Assuming There Is

  • “No” Transfer Of Cases,
  • Ex-Parte Orders.
  • Set-Aside Ex-Parte Petitions And Orders
  • Dismissed For Default
  • Restoration Of Cases,
  • Miscellaneous Petitions And Appeal Against The Miscellaneous Petitions

If The Above All Happens, Then You Will Only See The Light (The Verdict) In 7 To 10 Years. Nonetheless, There Is Always An Appeal Before The High Court And Supreme Court Against the Divorce Orders. And In Case Of Facing These Appeals You Have The Best Chance Of Staring At Your 50’S On The Day Your Case Gets Over. So, It Is Better To

Coming Back To The Question “How Soon I Can I Get My Divorce Against My Spouce?

Answer: How Lucky Are You?

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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