Typically, it takes about six months to wrap up the proceedings, starting from when the case is filed (first motion). But thanks to a September 2017 ruling by the Hon’ble Supreme Court, this six-month timeframe can be waived after just one week from filing the case (first motion). The family judge has the discretion to waive this period. Consequently, the second and final motion can occur any time after one week from filing the case (first motion).

Opting for Divorce by Mutual Consent stands as the top choice for legal separation in India. To ensure a swift and smooth divorce process, it’s crucial to enlist the expertise of a seasoned divorce lawyer. At Kanoon360, we offer a comprehensive package for the entire divorce proceedings.

In this scenario, the proceedings will come to a halt. The only option for the other party is to initiate a one-sided case, or alternatively, wait for the other party to agree to mutual divorce.

Here are the grounds for divorce:

1. Adultery
2. Cruelty
3. Desertion
4. Conversion to another religion
5. Unsoundness of mind or mental disorder
6. Virulent and incurable form of leprosy
7. Venereal disease
8. Leprosy
9. Renunciation
10. Desertion
11. Not heard alive for a period of seven years or more
12. No resumption of cohabitation

Here’s an overview of the key steps in a divorce litigation process:

1. Discuss the grounds for divorce with your lawyer and provide all relevant facts.
2. Your lawyer will draft your case based on your discussion.
3. The case is filed in the appropriate Family Court.
4. Once filed, the case is listed for consideration by the Court. If the Court finds the case satisfactory, it issues notice or summons to the other party.
5. Upon receiving notice or summons, the opposite party must file a reply. If they fail to appear despite receiving notice, the Court may proceed in their absence.
6. The Family Court frames issues, which are the points of adjudication by the Court and on which both parties must provide evidence.

Marriage counseling, a form of psychotherapy, assists couples in identifying and resolving conflicts while enhancing their relationships. It provides a platform to carefully consider options for either rebuilding and strengthening the relationship or pursuing separate paths.

If you’re encountering challenges in your marriage, it’s wise to attempt resolving them independently or with the support of family members initially. However, if the issues persist, seeking guidance from a professional marriage counselor is recommended. Many couples rush into ending their marriage hastily, only to regret it later. Therefore, before opting for legal separation, it’s sensible to explore marriage counseling as a potential avenue for resolution.