How to get divorce in 30 days?
Yes! you heard it right… How to get divorce in 30 days? This is the most frequently asked question by most of the client clients to their lawyers practicing Family Law. The question is pretty much like “Sir, whatever it takes I want my divorce forthwith… Can you do it?”
So what the lawyers can say?
I will get back onto this later but let’s just have a glimpse on the divorce law in India. Divorce cases are one of Family law proceedings based on a personal law which takes into considerations of the customs, beliefs and tenets of the religion of the parties. Though the procedures of divorce varies religion to religion, the courts in India keep the litigants on the same queue no matter of their religion.
Remember… I am talking about the contested divorce case but not mutual divorce which has a standard procedures. Say, if you want to end your matrimonial life and there are list of grounds listed by law which you can choose from to file a divorce and again I am not getting into those details. You will find plethora of articles written on the grounds of divorce. Lets just assume, you have one of the grounds which you strongly hold to and you say to your lawyer with a brave face “Sir… “let’s fight it in court” expecting it handed over to you in silver plate but in fact a long-drawn battle awaits when your spouse decides to contest the case tooth and nail.
What happens in Court?
Usually, the divorce petitions are spiced up its with melancholic statements depicting awful life of the poor petitioner against the villainous spouse who ought to be motivated or manipulated or both by his/her in-laws and relatives. So, this what usually happens in family courts when you have your day in Court if with “incompetent” counsel (if you are really unlucky)
- Petition for divorce drafted and filed in court and gets document number after due scrutinization which would take at least 5 to 7 days.
- Summon issued to the other party for appearance (usually after 45 days from the date of filing of the petition) before the court to submit the response to the divorce petition.
- Court day 1 – Parties are called to appear before the judge.
THE JUDGE: Both Present?… okay go for mediation.
YOU: But Sir…I want the divorce imm…
YOUR LAWYER: Hushhhh…. You cannot address the judge directly… Come outside let’s talk… Outside the hall…
YOU: (with embarrassment) Sir… what is this.. Why should I need mediation when I am not even interested… and blah.. blah.. blah….
YOUR LAWYER: Hushhhh…. it is usual and mandate procedures which you must comply.. Just go inside and tell them you are not interested in mediation and by the way the lawyers are not allowed inside the mediation room and I also have an another case to handle in the adjacent court. I will be right back in a moment… You are with the pathetic face at the waiting hall sitting/standing before your spouse and in-laws who might be staring/laughing/mocking at you and they may also want to rip you into pieces if they could get a chance…
MEDIATION ROOM: Two sexagenarians (male and female) greeting you with smile/no smile and peeks into your papers and starts with their boilerplate template “So… Children what happened and why do you…) 30 minutes later you are coming out of the room finding your lawyer not there and you tried to reach him through few calls, sms, whats app messages (blue ticked but no response) and finally find him in facebook messenger (oh.. there he is…). He finally comes and
YOU: Sir… why they gave an another day for mediation that too after 45 days and you know what happened inside…
LAWYER: Hushhhh.. I know.. I know… Just leave it to me… I will do what I can.… by the way did you pay your hearing fees…
YOU: Palm face.
This is just a day one and a tip of the iceberg awaiting for more to come. What happens later is altogether a different story for which I might need to write a book. But in a nutshell.. This is what usually happens.. If you you still persist on divorce during the second day of mediation then the matter will be referred back to the court for trial and your spouse should file their version of defense against your petition and the trial commences for deposition, cross examination of both the parties and their witnesses and the final arguments in the midst of miscellaneous petitions, adjournments, court boycotts, absence of lawyers, absence of judges court holidays and etc., etc., etc., the case will gets over in 2 to 3 years in minimum assuming there is “no” transfer of cases, ex-parte orders. set-aside ex-parte petitions and orders, dismissed for default, restoration of cases, miscellaneous petitions and appeal against the miscellaneous petitions if the above all happens, then you might see the verdict in 5 to 7 years.. And, there is always an appeal before the High Court and Supreme Court and in case of facing these appeals you have the best chance of staring at your 50’s on the day your case gets over.
So, coming back to the question “How to get divorce in 30 days?”
ME: You still ask me that…
source: https://www.unimarkslegal.com/blog/family-law/how-to-get-divorce-in-30-days/
