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DIVORCE FAQ


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    Question: It is not possible for me come to India for next 2 years and if my wife file divorce in court then I will be not able to present in court.
    1- Is it possible for the court to award divorce in my absence or if I don’t respond to any summon issued by court.
    2- What is time period for the court to award divorce if the other is not found after summons?
    3- Can I appeal in higher court even after 30 days of lower court decision?
    Answer:
    Court may attempt twice or thrice to ensure that you have the knowledge of the case. It may take about two or three months. Thereafter, it will set you ex-parte and proceed to decide the case in your absence.
    Once such an ex-parte order is passed, in the same court, you should file a petition to set aside the order within 30 days of the order. You can't file it after 30 days unless you file another petition (under Section 5 Limitation Act) to condone the delay in filing that set-aside petition.
    Only after the court allows the Section 5 petition (which normally it does), your set-aside petition will be taken up (which will normally be allowed under some terms).
    Unless you submit your 'Client Details Form ' in the Registration page of our website www.divorcelawyerindia.com, I will be unable to comment on whether the judge would insist on your appearances for filing the above petitions.

    Question: I plan to get married according to arya samaj mandir. I understand that I will be getting a certificate for it.
    I am not a resident of Delhi but wish to get married in Delhi arya samaj mandir.
    I want to ask:
    1. Whether the certificate by Arya Samaj is valid for all legal purpose?
    2. Do i need to register @ the registrar . If yes then I dont want to wait for 30 days and need it done asap, what do i need to do (Both the partners are of same caste and religion)?
    Answer:
    You CAN GET MARRIED AT ARYA SAMAJ. This type of Marriage and its divorce are governed under the Hindu Marriage Act.
    They issue certificate that u r validly married as per rituals. It is not sufficient :
    You have to fill up form For Registration of Marriage at Local Body, say Municipal Corporation, and get a Marriage Registration Certificate. Thats all.
    The Local Body will isuue it on the basis of Arya Samaj Certificate of Marriage.
    You need Age Proof, Photo Id, Priest name & add Two witnesses, Ration Card for residential proof of one of you, & your Photos to satisfy Local Authority .

    1. Can I get divorce in India via online?
    No.

    2. Can I file for divorce without coming to India?
    Yes.

    3. How many times I have to attend the court hearing if I filed for divorce in india?
    A minimum of two times. But depending on the place of filing, we can reduce it to just once.

    4. Should both the spouses attend the court hearing for divorce in India?
    If it is for divorce by mutual consent, both of them should attend. But depending on the place of filing, we can avoid the appearance of at least one spouse.

    5. What is the documentation required for filing for divorce in India?
    It varies from place to place.

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    6. How much time it will take to get divorce in India?
    If it is a divorce by mutual consent of the spouses, Six months from the date of filing. But depending on the place of filing, we can reduce it to just two months.

    7. How much money it will cost me for getting a divorce order in India?
    It depends on the place of filing.

    8. Is there any other way that I can get divorce in India within a month if both the spouses are willing?
    Yes. It is possible.

    9. How much time it will take to get divorce in India if one of the spouses is not willing for divorce?
    It depends on the place of filing.

    10. Is the agreement for divorce or separation legally binding document in India?
    No, except under certain conditions.

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    11. What is the time for separation for filing divorce in India?
    No prescribed time for separation except under certain conditions.

    12. What is the law for custody of children for divorcing couples in India?
    General rule is that the interest and welfare of the minor child should be of paramount consideration. The parties to the dispute may decide among themselves.

    13. What is the law for division of properties between the divorcing couples in India?
    There is no such law. The general law is that the property belongs to the person in whose name it stands.

    14. What is the amount of money to be paid for maintenance of wife and children during divorce in India?
    It depends on the facts and circumstances of each and every case.

    15. When the divorced persons can remarry?
    Depending on the nature of decree, after the expiry of 30 days or three months from the date of decree if no notice of appeal is received by the person remarrying from the other person.

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    16. My wife is demanding an unreasonable amount of money for agreeing to give divorce. Can I complain to the court about this?
    While it is a relevant fact against the wife, it should be noted that a �wife� in India is entitled for maintenance amount before, during and after divorce.

    17. If I pay a lump sum as maintenance amount to my wife during divorce, should I have to pay her later too?
    If the legal documents are properly drafted, it is not required to pay her later.

    18. Can the petition to get divorce in India be filed anywhere in India?
    It can be the place of residence of the respondent, or the place of marriage or the place where the couple last lived together. But the wife can file wherever she resides after separation. The husband can also file the divorce petition from his place of residence at the time of filing, under certain conditions.

    19. If the spouse consents for remarriage, is it legal without getting divorce in court in India?
    Remarriage without getting divorce is a punishable offence with seven years imprisonment if the wife prefers the complaint at any point of time even if she had consented for the remarriage initially.

    20. Can I get divorce in India within one year of marriage?
    It is possible under certain conditions.

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    21. If either of the spouses is not heard for a long time, should the divorce be applied in India?
    If there is proof of the spouse�s absence without information to the other spouse about his whereabouts for a continuous seven years period, a petition should be file in this regard in to the court.

    22. Can I ask several reliefs in a divorce proceeding?
    Alternative or several reliefs can be asked in a single petition.

    23. Are the above positions same for divorce between couples of all religions in India?
    No.

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    Click here to know about Divorce Process in India


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