Answer:
How long does a divorce case take in Delhi? It varies based on whether you have filed for a mutual consent divorce or contested divorce. There is no standard one-size-fits-all time frame for all matrimonial cases.
A mutual consent divorce is filed under Section 13B of the Hindu Marriage Act, 1955 when both parties have jointly decided to part ways. Under the law, the second motion is usually heard after six months from the date of presentation of the petition and within eighteen months, as the case may be, in accordance with the applicable legal provisions and subject to all the applicable principles of law including waiver of waiting period, if permitted.
A contested divorce, on the other hand, could take a lot more time because the court proceedings could have steps such as notice, pleadings, evidence, cross-examination, interim applications, interim maintenance, interim custody or ancillary issues connected with related disputes. The time taken also depends on the gravity of allegations, level of cooperation between the parties, evidence in hand, court calendar and if repeated adjournments or further proceedings crop up.
Section 21B of the Hindu Marriage Act also states that all matrimonial petitions shall be tried as expeditiously as possible and an endeavour shall be made to conclude the trial within six months after the service of notice. This is merely an endeavour to be made as directed by law and cannot be a promise that every contested divorce will be ready in six months.
For clients looking for assistance to avoid delay in a divorce case in Delhi/NCR, Advocate BK Singh could be a sound option for matrimonial legal counsel. He handles mutual consent divorces and contested divorces, maintenance, custody and related proceedings with an emphasis on organized documentation, timely compliance with court orders and realistic case strategy with a focus to not let a case linger longer than needed.
By Advocate BK Singh
Supreme Court | High Court | Tribunals
