There are a lot of questions that people have in their mind related to divorce and associated issues like child custody and maintenance. This is an attempt to answer a few frequently asked questions on divorce in India.
1. Can I file for divorce even if my spouse is unwilling?
Yes, you can. The divorce wherein only one spouse is willing and the other is not is called a contested divorce. You can file the divorce on various grounds available to you and fight the case in the court against your spouse. (To know more about contested divorce, click here )
2. Can my spouse and I file for divorce together?
Yes, if you and your spouse have reached an understanding and want to part ways amicably, then you both can file for divorce under mutual consent, this is called an uncontested divorce. (To know more about uncontested divorce, click here.)
3. I am a Hindu, can I file for divorce within one year of marriage?
No, you cannot. If you are governed by the Hindu Marriage Act, 1955, you cannot seek divorce within one year of your marriage. It is only under certain grave circumstances that you will be allowed to file for divorce within a year of marriage.
4. Can I file a divorce petition without coming to India?
Yes. You do not need to personally present for filing a divorce case in India.
5. How many times do I have to attend the court hearing for a contested divorce case in India?
There cannot be a fixed answer for this because sometimes the court asks for the personal appearance of the spouses on specified dates and you have to comply with the same. Your presence is also indispensable during your evidence, i.e. examination-in-chief.
6. How many times do I have to attend court for a mutual consent divorce?
When it is about mutual consent divorce, you are required to appear before the Court twice only. One for recording the first statement and second for recording the second statement which is more or less 6 months after the first motion. However, if you cannot personally appear before the Court due to reasons beyond your control (like you stay abroad, etc.) then the Court may allow any family member with whom you confer upon a special power of attorney to make a statement on your behalf or the court may allow the recording of your statement through video-conferencing.
7. How much time does it take to get a divorce in India?
If you have filed for divorce under mutual consent then it will take you a minimum of six months and a maximum of 18 months. However, you are allowed to waive off the six months waiting period under certain circumstances. Click here to know how to waive off the six months waiting period in mutual consent divorce in India.
Further, if you have filed contested divorce then it may take you a minimum of 16 months to maximum 3 years.
8. How much it will cost me for getting in India?
The fee charged by lawyers varies and there is no fixed fee schedule. To contact the experienced divorce lawyers, contact us.
9. What documents do I need to file for mutual consent divorce in India?
You will be required to provide your identity and address proof, passport size pictures of both spouses, marriage card/marriage certificate/marriage photographs, etc.
10. How I get an annulment or a decree of the Nullity of my marriage or what is the procedure to annul a marriage in India?
A marriage can be annulled only when:
i. the marriage was solemnised based on the consent of an unsound person;
ii. the consent was obtained by fraud or force;
iii. the wife was pregnant by someone else’s child during the marriage;
iv. the marriage could not be consummated due to the impotence of a spouse.
To know the whole procedure, click here.
11. I have a child out of a marriage which has been annulled, what will happen to my child?
The children born out of annulled marriages are legitimate and have a certain right. To know more, click here.
12. Will I get maintenance during the pendency of a divorce case?
Yes, under Section 24 of the Hindu Marriage Act, 1955, you can ask for maintenance during the pendency of the divorce case and also for the expense incurred on your divorce litigation.
13. My husband has filed a divorce case against me, can I also file a divorce case against him?
Technically, yes. You do not need to initiate a whole new divorce case against your spouse, but if you have been on the receiving end of a divorce case whereby allegations have been leveled against you then in the same case, you can file a counter-claim against your spouse. To know how? Click here.
14. How can I seek my child’s custody or visitation rights during a divorce case?
If a divorce case is going on, then under Section 26 of the Hindu Marriage Act, 1955, you can seek custody of your child. To know the detailed process, click here.