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Divorce Law Overview and divorce procedure in India

 

 

A divorce is the termination of a marriage by legal action, requiring a petition  for divorce  by one party. There are two types of divorce– fault and no-fault. A fault divorce, is a judicial termination of a marriage based on marital misconduct or other statutory cause requiring proof in a court of law by the filing party that the other spouse committed one or more acts defined by state statute as grounds for a divorce.

 

Both spouses can file a petition for divorce by mutual consent if the  Hindu Marriage Act or  Divorce Act is applicable for them based on their religion and registration of their marriage under the relevant law.

A new law for providing divorce under ‘no fault ‘ ground is approved and may be in force within a few months.

The most common issues in divorces are division of property, child custody and support, alimony (spousal support), child visitation and attorney’s fees. Only state courts have jurisdiction over divorces, so the petitioning or complaining party can only file in the State in which he/she is and has been a resident or where the marriage was solemnised. Residency requirements vary by State. Under the above laws, the legal process of the divorce procedures includes a waiting period, to allow for a chance of reconciliation though an application for exemption from the waiting period can possibly be filed.

The complexities of issues involved, such as property division and taxes, may make it advisable for both parties to have expert legal and financial advice. Attorneys who practice in this area assist clients with issues of divorce, dissolution, or legal separation. They also typically handle related matters involving prenuptial agreements, spousal restraining orders and issues of child custody and support.

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39 thoughts on “Divorce Law Overview and divorce procedure in India”

  1. Married 2.1 years ago and blessed with baby girl (Age 1.4yrs now) and my wife is not staying with me for more than one year now! Need advice.

    Tried, tried, tried & tried…. but no hope of coming back.

    My Marriage happened as per Hindu tradition & rituals, I have not taken any dowry neither demanded any such till now. My wife don’t want my parents & my sisters and my relations to stay & come/visit my home at any cost, she has a strong feeling in it & these diversions started from the 3month of our marriage. Somehow I managed taking her back & forth to her home town, talking, meeting her parents and she stayed in her parents place. They turned so violent, that my wife, her parents started threatening me with suicide, divorce, and abortion kind of stuff. With lots of patience & observance I kept quiet, with all hope listening to them & by god’s grace we are blessed with baby girl and I am happy & decided to forget/forgive everything to live happily for the rest of my life for them.
    My baby girl turned 4 months now, with many sincere requests & discussions, one fine day with hope & confidence I got back my wife & daughter to our house. I tried to keep everything best, with healthy environment, no quarrels etc., out of my capacity. It was the naming ceremony day of my only daughter and with mutual understanding we have decided to keep it very simple and made it only in the presence of my family members & her family members, that day again the issue started my wife screwed every ones happiness by locking herself in the room along with the baby, I pleased & requested but not courtesy at all. The function ending with tears & disappointments. Later I have decided to drop her back to her home and requested her parents to make her understand the values, ethics of marriage life, family, being together etc., I will take her back. But Since then she has not come home, I have again tried many times but no response at all, she & her family members have treated me like a shit and demanded that I should leave my old age parents, I should disconnect my attachments, relations with my sisters families, etc.,
    With lots of mental agony, not focused approach I have lost my Job, disturbed at lot in my professional, personal & social life. But life has to move on…

    Appreciate a good advice ASAP.

  2. Hi,

    I got married 2 years ago. From Day 1 i was staying with my wife with her parents house.
    Initially she was respecting and thinking of me. When days gone, she was completely against.
    Started abusing by his words and the behaviour, Even her parents are supporting her behaviour by raising their voice & started fighting with me.
    Now a days, my life became miserable with her attitute towards me. She dont care me & not even consider i am the one in that house.
    She always works for her parents, even they are expecting the same.
    Several times i told her mother to teach her how to behave like a good indian wife, she dont want to listen.
    Even if she heard my words, she never guide her daughter; even father too….!!!!!!!!!!
    For business purpose, her father took loan from all gold ornaments & borrowed 5.5 lacs from me.
    Now they are creating bad impression with all the relatives on me, by saying ” I was asking for partner ship on his business”.
    I have job for me, even though he offers me a partner ship; i cant go and take care of that business.
    initial days itself i clarified them that, i dont want to leave my job & i dont want to step in to business.

    When i go home after work, she not even asks you / offers you water as well. Even food served by his mother.

    I was bearing all this pain because to see changes in my wife & love towards me. But results are Nilllllll

    Please suggest,

    How can i proceed for separation..

  3. Dear Sir/Ma’am,

    Please advice me for the same.

    Its been almost 2 years since me and my husband have got separated. The reason was he having an extra marital affair with his colleague. I suffered a lot during my marriage as my husband was abusive and tortured me every time. He and his family also forced me to get money from my house every now and then. His entire family knew about his affair but did not support me. When I asked him about his affair he asked me to leave house. During the time of my marriage my parents gave ornaments and cash to him which he has with him and is not ready to give it back to me. Almost 1.5 years back I filed for Return of Ornaments, Maintenance, DV, 498A and divorce. But no result has happened till now. 498 A case was kept pending due to a form from church, which I resolved with due difficulty by begging police. But when i recently enquired, even summons have not gone to them. I am not even getting any maintenance from him. Instead, he hardly appears for the cases. I am staying in North and I have to go to South every time for this case. My parents are old and i really don’t know what to do. Whenever I ask lawyer, he says we need to go to hearings even if they don’t come. But till how much time will we wait for justice to happen? He is still going around with that female. Kindly help me and suggest me what should be done? I feel so traumatized and my entire family is always in tension because of this. I just want divorce quickly and my ornaments and cash back.

    Waiting for your advice.

  4. I got married in 2009, i have 4 years boy baby. my wife stolen golden ornaments , cash from my friends house.
    now she is not interested to live with me & took my son along with her. my worry is my son. with her my son may also grow wrong. i dont know what to do. she has made a police complain on me that iam not giving her food, cloth locked her in a room. guide me.

  5. Hi, I am vasu, I have got married 1.5 years ago. after got marry my wife is always staying in her parents house. Now she is not ready to stay with me. If ask her to come and stay with me she is not intrested. Now she is saying that she need nearly 10lakh or we have go register our home in her name. this is my wife demand. Otherwise she is not ready to stay with me. We don’t have any children.

    she is not ready to give a divorce also. Can any one suggest how I can go head for this…

  6. Hi, I have being married for 10yrs with 2 daughters I want to divorce my husband because he torturers me a lot mentally & physically i am the only person who is earning in the family & taking care of house & my children’s education. My husband doesn’t go for work nor he his taking care of the family. Everyday he drinks . He always thinks that i am having affair with somebody .He doesn’t want to leave me not my kids . He always tells me to leave the house & kids & go out of the house .Everyday he fights with me for small issues & also hits me . I want end this relationship ASAP possible because i am unable to tolerate this torture anymore . Kindly help me how can I get divorce from my husband & to get custody of my children .

  7. Clear and simple exp thanks….

    Divorce in India is always a difficult procedure. The entire process of divorce lasts for several years is definitely a tough affair to get through.

  8. I have got married 30 Oct 2011 and now we have a 10 days babyboy, but my wife always fight with me without a valid reason and her parents always create bad impression about me in front of other my relatives and family members. but i do have all the proofs that how my wife behaves with me and how her parents trying to create bad impressions on me. my wife always wants her to take out for shopping and she always expect me to buy her a jewellers. but i am the only earning person at my family and i do have a housing loan and some chit amount to be filled. but she doesn’t want to help me even though she is working.
    she created a big drama at home and she always create bad impression on me with my parents, but when we ask that infront of every one, she changes the way of talking and she tries to proove that she is innocent and she keep falls promises like i didn’t spoke in that way blaw blaw blaw blaw.
    could you please help me to get a divorce from her as soon as possible.

    Regards,
    Umesh

  9. Hi My name is “john” just want to share my experience with the world on how i got my love back and saved my marriage… I was married for 7years with 2kids and we lived happily until things started getting ugly and we had fights and arguments almost every time… it got worse at a point that she filed for divorce… I tried my best to make her change her mind & stay with me cause i loved her with all my heart and didn’t want to loose her but everything just didn’t work out… she moved out of the house and still went ahead to file for divorce… I pleaded and tried everything but still nothing worked. The breakthrough came when someone introduced me to this wonderful, great spell caster who eventually helped me out… I have never been a fan of things like this but just decided to try reluctantly cause I was desperate and left with no choice… He did special prayers and used roots and herbs… Within 7 days she called me and was sorry for all the emotional trauma she had cost me, moved back to the house and we continue to live happily, the kids are happy too and we are expecting our third child. I have introduced him to a lot of couples with problems across the world and they have had good news… Just thought I should share my experience cause I strongly believe someone out there need’s it… You can email him via ekpensolutionspellcasting@gmail.com Don’t give up just yet, the different between “Ordinary” & “Extra-Ordinary” is the “Extra” so make extra effort to save your marriage/relationship if it’s truly worth it.

  10. hi i ave a friend she wants a divorce from her husband but he is not ready to give her she is suffering everyday living with him now she is pregnant but she does’nt wants to stay with him but her husband is not ready to live her so please tell what should she do

  11. i don’t have any problem with my wife but we don’t want to live togaither,mutual understanding is quite well between us.i want divorce to my wife she is also have no problem with that our relation is just 1 month old we don’t want to be togaither anymore.this is our last decision.plz reply how many days it will take?

  12. i have applied for divorce since 1 year as my wife is not able to keep me happy in any ways. she would keep on making me feel low in front of her parents and other relatives. now she is not ready to divorce me nor ready to leave home and has created a huge drama in front of all family members on both sides. because of which i gave her few more chances but she never changed. how can i get divorce as soon as possible. how can she be forced to leave home. the house is in my mother’s name and my mother does not get involved in this matter. please help.

  13. I married to a girl whom I did not know better about her character. But right after marriage I came to know. After 3 days she told me to give divorce. Always she is worldly mind and love of money. But my earning is very less compare to other govt service people. Always she want to stay at her parents house. She did not visit to my parents nor came with me to my house. She always tells me that she like tall n handsome guy.

    Now last two years past she got a child and I did not visit during delivery so she is angry. now she is working and does not want to keep relationship with me again. When I used to visit her house she is interested to have sex with me.and does not share any thoughts.

    last two years past she did not stay with me and I am going through mental and physical health problem. When I call all her family members abusing me and avoiding me to keep relation. Please help me to have a good divorce with out any effects to my life. reply me.

  14. I have been married for 9.3years,my mother in law is a widow and has no son.My wife is continuously caring for her mothers problem for the last 9years but during this period we had conflicts and fights due to ignorance of my wife duties towards her two kids one son and one daughter.One week back we had a fight in public and so my wife went to her mothers house leaving both the kids to me.Kindly advise as i do not want to stay with her but can take care of both the kids by my self.

  15. i got married at 2003. i found very difficult to live with her due to her misbehaving. we dont have any kids. we both wud like to go for mutual divorce. now only i m going to file this in the court. If she is unable to come to the court(bcoz she is moving to USA and settling tr), whether our divorce becomes void? is it must she shud come to the court. I m ready to present in front of the Judge. pls advise me. Is tr any option to reduce the 6 months period…. pls help me

  16. I want to give divorce to my wife as she is not social, her behave & adamant is very bad. Her family want to capture to me. she wants to separate to me from my mother, and She is not even talk to my family members, and she use slang language every time with my mother and me, and her family interfere with my family matter. She is most probable depression patient and she also made drama in public place as they have no sense and shame. so kindly reply what can i do. she also threts me .

  17. I hav been married since 1995.no kid till time.wife is non cooperative & misbehaves badly with my wel wishers including my family.i some how managed with hope that thing will be alright.she also made drama in public place also.& threts me.we have no physical relation since last 8 years.
    i want to divorce her with some alimony.
    kindly suggest as i want a peacefull divoce.

  18. I want to give divorce to my wife as she is not co-operating with me, not adjusting, she want me to do what she want. she not even talk to my family members, she is not respecting me and not giving me importance. I don’t have any problem as she is looking after her family but at the same time she should be in touch with my family also. but this is not happening from day we married. So, Pls advice me how do i get divorce from her without giving her alimony.

    Please advice
    Thanks

  19. I want to give divorce to my wife as she is not co-operating with me, not adjusting, she want me to do what she want. she not even talk to my family members, she is not respecting me and not giving me importance. I don’t have any problem as she is looking after her family but at the same time she should be in touch with my family also. but this is not happening from day we married. So, Pls advice me how do i get divorce from her without giving her alimony.

  20. How to get a divorce? Mental Agony from the day of our Marriage. Have a kid from 4yrs.She has left me before 3years with my only daughter. Now she is with her mother and brother, and iam living with my parents, so we are living separately for past 3years. so i need an divorce, Require advice to part ways without providing Alimony to her

  21. Kindly suggest to apply for divorce.. the problem is my wife is adamant and immature, her parents are supporting her for all her baseless and false allegations on my parents they say that their daughter feels tourted when told to rectify her mistakes by me or my parents. Its been just 1 year 2 months we got married and currently she is suffering from some stomach ailment called pancreatitis and according to doctors this issue will be for entire life and she cant do such little home jobs also. Kindly suggest me what to do.

  22. My wife is not co-operating with me and left my home as I am sick for about a year and come to my native place for a few weeks or month till i get well from my illness , She is not adjusting, and want to go to her home till i get well from my illness also she want me to do what she want. she not even talk and adjust with my parents, she is not respecting me and not giving me importance. I don’t have any problem as she frequently visit her maternal home & is looking after her family but at the same time she should be in touch with my family also which she is not doing at all from the day of my marriage And She always make false complaints to her parents about me and my parents over phone & when she visit her home . She is living with me where i am working and my parents are in home town she dont want to come and refuge to come with me to my home town even for a few days during holidays this is not happening from day we married. Now she left my home and want divorce saying that she will charge me with dowry and domestic violence against me and my parents from me but I want to be with her for the whole of my life So, Pls advice me what i do now.

    Please advice
    Thanks

  23. Hi,

    Its been just 1.5 yrs to my marriage, I love my husband a lot. But there are differences with my mother in law. She hates me from the begining. I think my husband loves me but at the same time he loves his mom and his brother more than me. He always say that first his mom comes, then his brother and then I come in his life. His mother always remain angry with me. She always scolds me on not making good chapatis. She doesn’t want me to live happy with my husband. My husband says ignore her words. He says don’t bring negative things in our relationship. I am trying to do that only. I cant live with my mother in law and my husband will not leave her. Yesterday I saw a number in his phone he had called to a lawyer. I called him yesterday and he didnt pick up my call. He said I was sleeping that time but when I checked his phone details before my call he talked to a lawyer and just 2 minutes after my call he was talking to someone else. I will not give him divorce. Please suggest me what to do.

  24. hi, got married in june 2010, my wife & parents had comaptibility issues since beginning,i moved out of my home to sort out issues.again issue cropped up due to her mom(dad no more) both families decided that we have to stay away from each other for few month’s , which will make us more closer. it did happen however now when we planning to start life again, she says i should not speak with my parents, my parents should not come to see us for any reason, even if they die i should not go & meet them , if i agree to all this , then only we can stay together, if not divorce, she wants me to leave my parents completely, whn asked her abt leaving her mom, she say no, i’ll have to treat her mom as mine & take care of her..please help me , dont know wat to do, i luv my wife a lot even she does it, however she is adamant on me leaving my parents, which i cant, help me

  25. mY WIFE WITH MY 4 YR SON WENT TO HER PARENTS HOUSE WITHOUT TELLING ME AND HER PARENTS ARE NOT LETTING HER COME BACK TO ME AND THEY R SAYING THAT THEIR DAUGHTER FEELS TORTURED WHEN TOLD TO RECTIFY HER MISTAKES BY ME AND MY FAMILY. SHE HAS GONE EARLIER ALSO ,ONCE FOR 1.5 YRS AND RECENTLY FOR 2 MONTHS.SHE COMES BACK SAYING NO INTERFERENCES FROM MY FAMILY END. BASIC PROBLEM IS SHE IS VERY ADMANT AND ISSUELESS AND FOLLOWING ONLY WHAT HER PARENTS SAY.STOPS ME FROM MEETING MY SON ALSO.NOW I WANT GO FOR DIVORCE WITHOUT GIVING ALIMONY.OUR MARRIAGE IS 6.5 YRS OLD AND WANT TO KNOW HOW TO AVOID DOWRY HARRASMENT CASE AGAINST ME AND MY PARENTS AND SISTER.PLZ HELP VERY TROUBLED.

  26. my wife went to her parents house without telling me and her parents are not letting her come back to me .they are saying that their daughter feels tourted when told to rectify her mistakes by me and my mother.they are not talking to me and defaming me with false allegations to my mother.i want my wife back and stoppage of her parents interference in our lifes which is spoiling our marriage.please advise

  27. Hello,How can I apply for divorce ? Basic problem is wife is adment & issueless, and in future also there are no chances of preganancy because her DNA report says that.And she cant do such little home jobs & also not intersted in sexual life.Iwould like to take divorce as soon as possible.

  28. Need an Divorce from my Wife for non co-operation in Family, Mental Agony from the day of our Marriage. Have a kid from 2.4 yrs. Require advice to part ways without providing Alimony to her

  29. I & My GF love each Other. But My GF is married. She want’s to leave her husband & marry me. She has many reason for divorce like Rude Behavior , Abuse , Sexually harrasement Etc.
    My Question is If Both the party aggries to Divorce each other, can that Be done with Only a Divoce Aggreement Or You have to file a Case for the same.

  30. How can I apply for divorce ? Basic problem is wife is adment & issueless, and in future also there are no chances of preganancy because her one ovary was removed & one phelopiantube was also reattached by tuboplasty surgery & she is not allow me to take care of my parents. My mother is cancer patient from last 3years kindly suggest solution

  31. I want to give divorce to my wife as she is not co-operating with me, not adjusting, she want me to do what she want. she not even talk to my family members, she is not respecting me and not giving me importance. I don’t have any problem as she is looking after her family but at the same time she should be in touch with my family also. but this is not happening from day we married. So, Pls advice me how do i get divorce from her without giving her alimony.

    Please advice
    Thanks

  32. My wife has left me ever since my only son is born and staying with her parents in Bangalore. The only reason to ditch me as I have came back to my home town Hyderabad from Bangalore after the birth of my child(son). Now we are separated for 2 years and 3 months. In between she has visited me twice. First time for 2 months and second time for one and half month.

    Her parents and most notably her three brothers are behaving like rowdys with me. They are verbally abusing me and are saying that give divorce or come back to Bangalore. They are blackmailing me by keeping my son with them.

    How to solve this problem. Initially I’am not prepared for divorce. But since the issue is being dragged for more than two years now, I feel like getting separated from them. But at any cost, I cannot loose my son. Please suggest me.
    -Madan

  33. hi, My cousin stays in abroad since last 4 years, 9 yrs before he had got married, but his wife used to stay with her parents and wanted her husband also to stay with her, but he didnot agreed, so to keep her wife happy both started staying seperately, after few years of marriage he left to abroad, but after husband leaving to abroad she got married to another guy without his husband knowledge, she is having a son of first husband(my cousin) and now she is having a son with her second husband too. Her second husband also left her, her first husband was ready to accept her with 2 kids but she was having the same condition for staying with her parents, which he doesnot want to do, so know my cousin want to get married to another gal, for same reason he had send a notice of divorse through muslim jamat, but sending her the three notice she, did not bother to reply single notice. So my cousing wants to get married to another gal, and he want his son also, but the son had a condition that he his ready to return back to father if father bring mother along with him. But my cousin does not want to do so. So i want an advise what my cousin should do to get divorse and to get another married, what are the produre, how to get son back, plz help me in details

    thanks

  34. I want to give divorce to my wife as she is not co-operating with me, not adjusting, she want me to do what she want. she not even talk to my family members, she is not respecting me and not giving me importance. I don’t have any problem as she is looking after her family but at the same time she should be in touch with my family also. but this is not happening from day we married. So, Pls advice me how do i get divorce from her without giving her alimony.

    Please advice
    Thanks

  35. i want to have divorce from my wife who ran away with a bachelor as he was more literate than me. so what is a legal as well as easy procedure for divorce ????

  36. Hi,

    I am married for the last 8 years. Me and my wife have now decided that we cant live together anymore. My concern is that I constructed a house recently before 3 months. That document was in the name of her and we bought that land 1-1/2 years back and I am paying a housing loan for that house from my salary account every month. If we are mutually getting divorce is there any chance that property can be retained by me, or else I will need to hand it over to her and leave the house. As of now we are living separately for the past 2 months. I am staying in this constructed house and she is staying with her parents in their place. She is also working and earning a salary of Rs. 10000 per month. Lastly, kindly let me know how long it will take if we are applying for a mutual divorce as we both are not interested in living together. Kindly clarify me.

  37. My sister is filing for a divorce from her spouse for physical and verbal abuse and mental torture. Does she have to file for an FIR against him get her share of property as he has so far refused to do it by mutual consent.
    Please advice.
    Thanks
    LN

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