Response

So in case of divorce by mutual consent, it usually takes 18-24 months. In case of a contested divorce, the period is longer, ranging from three to five years because of complications and possibility that either party can challenge the decision in the High Court and Supreme Court.We generally advice our clients to follow a proper way by sending a written talaq through a mail three different times with specific time intervals.

However, if wife wants to contest it then she may do it by contending that she didn’t accept it.The Procedure for filing a divorce case in India is regulated by the Code of Civil Procedure,1908. The procedure of initiating a divorce case starts by filing a petition for seeking divorce either by the husband or wife, and then, it is accompanied by an affidavit from both the parties.

According to Section 10 of the Indian Divorce Act, 1869 after the solemnization of marriage the District Court can, based on the petition filed by either the husband or wife, can dissolve the marriage on the ground The only requirement for divorce by mutual consent is that the parties should have been living separately for a period of one year or more. Section 13B of the Hindu Marriage Act 1955 provides for divorce by mutual consent where the parties have been separated for a period of one year.

Reference: Hindu marriage act – 202100499-20210033-1088

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LAWAYZ-2023-78