Easy and quick ways to get a divorce

Easy and Quick Ways to Get a Divorce in India: A Detailed Guide

Getting a quick divorce in India can be challenging due to the legal procedures involved, but certain methods can expedite the process. Understanding the various legal provisions and procedures can help in achieving a quicker resolution.

1. Mutual Consent Divorce

Mutual Consent Divorce is often considered the easiest and quickest way to get a divorce in India. This process is governed by Section 13B of the Hindu Marriage Act, 1955, and equivalent provisions under the Special Marriage Act, 1954, and other personal laws for different religions.

Legal Provisions and Procedure:

  • Eligibility: Both parties must agree to the divorce and have been living separately for at least one year.
  • Filing the Petition: The couple jointly files a petition for divorce in the family court, stating that they can no longer live together and have mutually agreed to dissolve the marriage.
  • Cooling-Off Period: The law mandates a six-month cooling-off period from the date of filing the petition to the date of the final hearing. However, this period can be waived by the court under certain circumstances (e.g., if the couple has been separated for a long time before filing the petition).
  • Second Motion and Final Hearing: After the cooling-off period, the couple must file a second motion confirming their intention to divorce. The court then conducts a final hearing, and if satisfied that all conditions are met, grants the divorce decree.
  • Time Frame: If the cooling-off period is waived, a mutual consent divorce can be completed in as little as 6 to 8 months.

Advantages:

  • Simplicity: The process is straightforward since both parties agree on the terms.
  • Speed: This is the fastest legal route to divorce, especially if the cooling-off period is waived.

2. Contested Divorce with Specific Grounds

While contested divorces are generally lengthy, certain grounds under Section 13 of the Hindu Marriage Act, 1955, can lead to a quicker resolution if there is strong evidence and the ground is clear-cut.

Grounds for Quick Divorce:

  • Adultery: If one spouse is caught in an extramarital affair, and there is substantial proof, the court may expedite the divorce process.
  • Cruelty: Cases involving mental or physical cruelty with solid evidence may lead to a quicker divorce.
  • Desertion: If one spouse has abandoned the other for at least two years, a divorce can be granted quickly if desertion is proven.
  • Mental Disorder: A divorce can be expedited if one spouse suffers from an incurable mental disorder, making it impossible for the couple to live together.

Legal Provisions and Procedure:

  • Filing the Petition: The aggrieved spouse files a divorce petition based on the specific ground.
  • Evidence and Witnesses: Strong evidence and witnesses are crucial for a quick resolution.
  • Court Proceedings: The court may expedite the process if the case is straightforward and the evidence is clear.
  • Time Frame: Depending on the ground and evidence, a contested divorce can take 1 to 2 years, but in rare cases with strong evidence, it may be faster.

Advantages:

  • Clear-Cut Grounds: If the ground is undeniable, the process can be faster than other contested divorces.
  • Court’s Discretion: In cases of extreme cruelty or clear evidence of adultery, courts may expedite the process.

3. Divorce by Mutual Settlement Outside Court (Alternative Dispute Resolution)

Alternative Dispute Resolution (ADR) methods like mediation and arbitration can expedite the divorce process by settling disputes out of court.

Legal Provisions and Procedure:

  • Mediation: The couple can opt for mediation before filing for divorce, where a neutral third party helps them reach an agreement on issues like alimony, child custody, and property division.
  • Arbitration: Similar to mediation, but the arbitrator has the authority to make binding decisions.
  • Court Approval: Once a settlement is reached, it is submitted to the court along with a mutual consent divorce petition. The court typically approves the settlement quickly if it is fair and just.
  • Time Frame: With effective mediation, the entire process, including court approval, can be completed in 6 to 12 months.

Advantages:

  • Reduced Litigation: ADR reduces the need for prolonged court battles.
  • Faster Resolution: Settlements reached through mediation or arbitration can expedite the divorce process.

4. Waiver of Cooling-Off Period in Mutual Consent Divorce

In mutual consent divorce cases, the six-month cooling-off period can be a hurdle to a quick divorce. However, the Supreme Court of India, in the case of Amardeep Singh v. Harveen Kaur (2017), ruled that the cooling-off period is not mandatory and can be waived under certain circumstances.

Legal Provisions and Procedure:

  • Filing for Waiver: After filing the first motion, the couple can apply for a waiver of the cooling-off period, citing reasons such as prolonged separation before filing, no possibility of reconciliation, or urgent personal needs.
  • Court’s Discretion: The court may waive the cooling-off period if it is convinced that waiting for six months would serve no purpose.
  • Final Decree: If the waiver is granted, the court can proceed with the final hearing and grant the divorce.

Advantages:

  • Significant Time Reduction: Waiving the cooling-off period can reduce the divorce process to a matter of months.
  • Court’s Flexibility: The court’s discretion allows for flexibility based on the circumstances of the case.

5. Ex-Parte Divorce

An ex-parte divorce can occur when one spouse fails to appear in court despite being duly served with the divorce notice.

Legal Provisions and Procedure:

  • Filing for Divorce: One spouse files a divorce petition, and the other spouse is served notice to appear in court.
  • Non-Appearance: If the spouse does not appear in court after being duly served, the court may proceed with the case ex-parte, meaning in the absence of the other party.
  • Court Proceedings: The court will examine the evidence and if satisfied, may grant an ex-parte divorce.
  • Time Frame: The time frame for an ex-parte divorce can vary, but it is generally quicker than a contested divorce since the non-appearing spouse does not contest the case.

Advantages:

  • Quicker Resolution: Without the contesting spouse, the process is faster.
  • Unilateral Decision: The court makes a decision based on the evidence presented by the appearing spouse.

Conclusion

While divorce in India can be a lengthy process, certain methods can expedite it. Mutual consent divorce remains the quickest option, especially with the waiver of the cooling-off period. Contested divorces based on specific grounds, ex-parte divorces, and the use of ADR methods like mediation can also lead to quicker resolutions. However, the key to achieving a quick divorce lies in understanding the legal provisions, preparing strong evidence, and, where possible, seeking amicable settlements outside of court. Consulting with an experienced divorce lawyer is essential to navigate the legal complexities and ensure a smooth, expedited process.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304

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