Types of Indian Divorce law and Procedures

There are two types of divorces:

• Contested Divorce
• Uncontested/ Mutual Consent Divorce

Contested Divorce: Various grounds can be taken towards a grant of decree of divorce by way of contesting such as adultery, cruelty, etc. You can also raise the ground to declare the marriage solemnized as null and void within 1 year from the date of solemnization of marriage by citing reasons such as consent obtained by fraud, non-consummation of marriage, health issues, etc. The procedure for a contested divorce is as follows: Drafting of petition> Filing > Numbering of Case> Posted for hearing > Case sent for mediation > 3 mediation sessions ( mediation can be held for a maximum period of 90 days ) > if no settlement is entered into between the parties; the case is posted back to court > respondent is directed to file their reply statement > you have the option to file a rejoinder to their reply statement & they have the option to file a reply to your rejoinder ( this is not necessary for all cases) > Posted for evidence/examination of chief> Both parties will file their proof affidavit and lead their evidence> posted for trial and cross-examination > deposition & documents will be used to conduct final arguments > orders. The timeline for a contested divorce can be anything between 6- 24 months depending on the facts and circumstances of every case and the legal counsels you choose to hire. There are various nitty gritties in contested divorce cases that can only be addressed on a case-to-case basis and in my opinion, it is extremely important to hire a competent and expert divorce lawyer to assist you. It is to be noted that there is an option of appeal to the high court and a further appeal to the supreme court of India. However, such appeals are disposed of expediently as possible. The procedure for an uncontested divorce is as follows: Drafting of petition> Filing > Numbering of Case> Posted for hearing> date given after 6 months > evidence led through proof affidavit > divorce granted. Moreover, in cases where the parties have been living separately for a period of one year, a waiver petition and affidavit can be filed to obtain a decree of divorce within 30-45 days from the date of filing the petition.