Divorce by Mutual Consent:

A Petition for Divorce by Mutual Consent can be filed by both husband and wife together after both the parties decide on the maintenance/alimony, child custody and Property. A Petition for Mutual Consent Divorce can be filed before the court with Jurisdiction after completion of a period of one year from the date of Marriage.  After filing the petition there will be a cooling period of 6 months that is given to reconsider the decision for  Divorce and try and reconcile the differences. However, an application for waiver of the cooling period can be filed in case of urgency, where any or both the parties reside abroad / any one of the parties have to travel abroad on work or any such reasons.

After the lapse or six months or after the application for waiver of cooling period is allowed the Parties go before the Mediation Centre to draft out the terms and conditions of Divorce. After the process of Mediation is completed, the parties appear before the court and after verification of the terms and conditions, identity of the parties the court passes a decree of Divorce.

After the decree of Divorce is granted parties are required to appear before the office of the registrar of marriage and submit necessary application for cancellation of the marriage certificate.

Contested Divorce:

A Petition for Divorce can be filed even if the other party is not willing/agrees for a Divorce. This is called the “Contested Divorce’. Divorce can be filed under certain grounds which include cruelty, desertion, conversion, mental disorder, leprosy, venereal disease, renunciation and certain other grounds as given under the statute.

Contested Divorce involves different stages wherein after the summons is issued to the opposite party and the opposite party appears before the court, the matter is sent for mediation to try and resolve the issues amicably. However, if parties are not able to settle their dispute, court proceeds with the matter. Wherein both the parties lead their evidence and based on the evidence adduced before the court the court decides on whether to grant a decree of divorce or not.

Contested Divorce is always time consuming and would take 3 to 4 years for the trial to complete. Thereafter, law provides for an appeal provision under which any party to the proceeding can challenge the order of the Trial Court before the higher courts. Which again takes 2 to 3 years for disposal.