DIVORCE LAWS IN INDIA: DIVORCE BY MUTUAL CONSENT
WHAT TIME FRAME DOES INDIAN DIVORCE LAW TAKE?
The specific details and circumstances of the case will determine how long it takes to finish the divorce proceedings. It can take eight months, two years, or longer. The entire procedure is difficult to finish since it’s not only a legal one—it’s also a process of emotions. Both parties experience conflicting emotions as they pursue their case, and not just the individuals involved but also their families—particularly children—are impacted.
DIVORCE BY MUTUAL CONSENT OCCURS MORE QUICKLY.
It will probably go more quickly if an application for divorce is submitted with the permission of both spouses. There aren’t many issues in this case because both individuals only need to demonstrate that they have been apart for at least a year with had no plan of getting back together. The court must determine if all the requirements are met before issuing a divorce decision to both individuals if they still choose not to keep their marriage.
A CONTESTED DIVORCE REQUIRES MORE TIME TO COMPLETE.
The parties involved in this case must go through proceedings for all outstanding matters because they are unable to meet on more than one significant matter. Typically, the divorce process takes over a year.
CHARACTERISTICS THAT INFLUENCE HOW LONG IT TAKES TO GET A DIVORCE
FOLLOWING FACTORS INFLUENCE THE LENGTH OF THE DIVORCE PROCESS:
1. The completion of prerequisite requirements for filing for divorce.
2. Whether the divorce is fault-based or not.
(Fault-based – where neither spouse accepts responsibility for the marriage’s dissolution. No-fault based (in which neither party is liable for the breakdown of the marriage)
1. Whether both parties’ mutual consent to the divorce filing has been challenged or not.
2. If the parties’ possessions or other assets need to be valued in order to determine their value.
3. If there are unresolved cases in the nearby Family Court.
Author-SHREYA POTDAR., a Student of QUEEN MARY UNIVERSITY OF LONDON.
