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How long does it take to get a divorce?
Question
I got married on 02.03.2018 in Patiala. There was no dowry exchange. girl is more educated than me and from the starting she wanted to live in the city and do a job
but at the time of marriage, she stated that she doesnt have a problem to live in the village with the family. however since the day of marriage, she is putting pressure to shift in the city with her. my parents are old as i am a adopted child.
what can be the grounds and how long will it take to get divorce? please advice.
Answer ( 1 )
There are two kinds of divroce. if you are going to get a divorce on some grounds then you can plead mental cruelty as asking the only child to live away from his parents amounts to mental cruelty and the same has also been held by the Supreme COurt of India as well however that is a long and tedious process as once you file a case, it will take around 2-3 years depending upon completion of evidence to get a judgment in a contested divorce case. on the other hand, there is a mutual consent divorce. if you both are Hindu then under section 13(B) of the Hindu Marriage Act, you both can settle your terms and conditions and file for a mutual consent divorce petition before the area family court which then will pass the first motion after satisfying itself that the mutual divorce is not by way if coercion etc and the first motion will be granted if there is no evidence provided which could suggest that mutual divorce is not put of the free will of the parties. the first motion is for 6 months and likewise second motion is started after the order for the same is passed. once both the motions have been passed and the court has accepted that both the parties cannot live together, the divorce is finalised and the decree for dissolution of marriage by way of consent is granted. however one must keep in mind that even after second motion is passed, either party may back out from the divorce process hence the terms and conduct after the first motion has been passed is of utmost importance.
hope that answers your query, if you have any other query feel free to seek advice.