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deepak (hr)     07 February 2011

Divorce time

Hi,

   if we both party are agree for taking a divorce then how much time it will take to complete the

process of divorce.is any other way is present in the law by which we can take divorce as fast

as possible ?

Thanks

 



Learning

 4 Replies

pramod (lawyer)     08 February 2011

you can file joint petition and it will take 6 months to get the order.

or one of you can file petition against the other and he/she

can remain exparte, 

exparte order has same effect as order of divorce

this will take lesser time (depending on the court in which u r filing)

1 Like

rajarajeshwari (advocate)     13 February 2011

I agree the view of Pramod

Tajobsindia (Senior Partner )     13 February 2011

@ Author

I do partialy agree to above two repliers, however in my opinion the ex party decree may always be challengeable in higher forums in case one party cries fraud prospectively. Second reason is given to understand majority of trial courts in India's backlog piled up regular cases it may take roughly the same time of almost 6 months or so as in MCD (mutual consent divorce) which is better as in option in given situation if both parties are in agreement to dissolve mutually their marriage.

 

pramod (lawyer)     14 February 2011

all orders are challengable, if the aggrieved person wants to.

whether its exparte or contested no difference

in this case the other party willfully remains exparte after receipt of notice not 

without her/his knowledge

more over after 90 days appeal period ends

and if the party marries another after appeal period

no scope arises for appeal its infructuous

 

 

 


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