Divorce is a legal process of dissolving a marriage. Divorce terminates the legal responsibilities and obligations between spouses. Divorce can be obtained either through mutual consent or through a court process in the absence of mutual consent.
I am Supriya Gill, a Lawyer. In this article, we will be focusing on the procedure for obtaining a divorce without mutual consent in India, the time frame for obtaining a decree of divorce and the expenses involved.
Whether you are considering a divorce or are already in the process, this article will provide valuable information to help you understand the process of divorce without mutual consent in India.
A couple may opt for divorce without consent when one spouse wishes to continue the marriage but the other spouse does not wish to continue the marriage.
The process of divorce without mutual consent can be complicated and time-consuming. It can take approximately 1-3 years of time to get a decree of divorce without mutual consent and around 1-2 thousand rupees per hearing of cost. The process involves filing a petition in a family court, serving summons to the other spouse, appearing in court, presenting evidence, and undergoing a trial. The court will then make a decision based on the evidence presented, and if the divorce is granted, a final decree of divorce will be issued.
Grounds of divorce without mutual consent
Section 13 of the Hindu Marriage Act lays down various grounds under which the party can seek divorce with or without mutual consent. In divorce without mutual consent, only one party wants to seek a divorce. A detailed explanation of the Grounds of divorce is discussed here.
The grounds are:
- Adultery
- Cruelty
- Abandonment or disappearance for a long period of time
- Incurable mental disorder
- Virulent and incurable leprosy
- Communicable venereal disease not contracted from the party filing the application
- Religious laws
- Renunciation of worldly life
If the decree of Restitution of Conjugal rights is passed and the parties have not resumed their cohabitation and there is no restitution of conjugal rights for a period of one year it can act as grounds for divorce.
Similarly, if the decree of Judicial separation is passed and parties have not resumed this cohabitation for one year or more then it can act as grounds for divorce.
To read detailed Section 13, click here.
Procedure to file divorce without mutual consent in India
Filing divorce without mutual consent generally involves the following procedure:
- Any of the spouses can file the divorce petition in the Family Court having jurisdiction. The petition must be drafted in chronological order of the events and it must clearly specify the grounds of divorce such as Cruelty, desertion, etc.
- Once you filed the petition in the Court, Court issues a Summons to the other spouse for appearing and responding to the petition.
- The respondent (another spouse) appears in Court and files the written statement which is their response to the petition.
- To support their cases, both parties present evidence and witnesses in the Court.
- In the Trial, the Court hear both parties and makes a decision based on the evidence presented.
- If the court grants the divorce, it will issue a final decree of divorce, which becomes effective after a waiting period of six months.
How much is the average cost of divorce?
The average cost of a divorce case depends on the situation and circumstances of the case. It depends upon the type of divorce i.e, the divorce is a contested divorce or mutual consent divorce, the complications in a divorce case, the lawyer you hired, whether the lawyer is from a district Court, High, or Family Court, the fees structure of your lawyer, etc.
Divorce can be obtained either through mutual consent or through a court process in the absence of mutual consent.
Contested divorce without Mutual consent
In Contested divorce cases, some lawyers charge per hearing, which is around 500 to 1000 rupees per hearing and drafting fees and other charges are taken separately. In big cities, it can go up to 2-5 thousand per hearing.
Mutual Consent Divorce
The average cost of Mutual consent divorce is 10 to 20 thousand rupees in small cities but can go up to 50 thousand rupees.
How much time is consumed in a divorce case?
Contested divorce without Mutual consent
In a Contested divorce without mutual consent, it can take 1-3 years of time to get the decree of divorce. And if there is a settlement in between the case, then approximately 1 year.
Mutual Consent Divorce
The time to get a divorce decree in mutual consent divorce is 1-2 months if you get the waiver from the cooling off period of six months with special permission from Family Court or High Court. Otherwise, it takes 6 months in normal situations and a maximum of 18 months.
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