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DIVORCE IN INDIA FAQ AND ANSWERS

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.

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.

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.

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.

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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8 thoughts on “DIVORCE IN INDIA FAQ AND ANSWERS”

  1. Hi, my name is Anil. I have married last year, but my wife do not make physical relation with me. She is also agree for Divorce by Mutual consent. Can you pls tell me the further procedure? Can I get divorce within month or two?

  2. Hi My name is mastan . I am a private employee . My wife is not able to understand me . what ever she like , she will demand immidiately . more over she wont support to me . always she likes her parrents . I came from the poor family likes adjudable life but she is completely diffrent . she cant able to adjust life. now am desided to take divorce . so advise me how file divorce .

  3. One Hindu family divorced with one time payment.But, the children (two female kids) with wife and studying.Now, there is financial problem came for the children’s education(one is 2nd Intermediate and another is nineth class) for paying the fees and buying the books?

    Is there any chance to get the maintenance cost for her chidren’s future brightness from her husband?
    Chidren’s mother is not capable to pay higher fees.

    Please consider this matter as serious and advice the needful

    Thanking you,
    Your’s faithfully,
    Murthy.

  4. when can a man file for the custody of his kids after divorce or during the divorce?? what is the requried documents & power to get the kids back???

  5. if no children, or no pregnency to female. marriage has completed one year what is the procedure to get divorced without paying anything to spouse’s parents.

  6. Sir,
    i m a hindu.is it legal if both the spouses divorce without the knowledge of court or is correct if both the spouse divorce each other in front of the elders without the intervention of court.

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