All You Need to Know About Divorce in India

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Last Updated on July 8, 2024 by Satish Mishra

Divorce is no longer shameful for the society if your marriage is not working. Though, you must check whether there is any scope for reconciliation or not, I say.

Indians are known for long running marriages but also for the most suffering wives in the world. The competition between both the sex is on all time high with respect to education, money, aspirations and personal wishes.

Also Read- WAIVER APPLICATION IN MUTUAL CONSENT DIVORCE

Making compromises and sacrifices has become more difficult than ever as it has become impossible to exploit weaker sex (male or female) owing to awareness and financial independence. So it is better to move out of a failed relationship than to repair a broken marriage. But one must think over it wisely and not emotionally in my opinion.

Now the most frequently asked questions in Chandigarh, Panchkula and Mohali:

  1. When can we file for Divorce?

As per Hindu Marriage Act, 1955 not within one year of marriage. Only in exceptional circumstances though it can be granted u/s 14(2)

  1. Where can I file it?

Where Hindu marriage took place, last resided or currently residing. The convenience of girl is to be seen.

Also Read- File Divorce Online In India

  1. How much is the fees for filing divorce with Top/Expert/Best lawyer/Advocate in Chandigarh, Panchkula, Mohali, Derabassi, Kharar?

If through best/top/expert Divorce Lawyer, then it may vary from 25k to 1lakh depending upon social status of the couple.

  1. How soon can I get divorce?

Mutual divorce in 6 months and contested divorce where one party is not willing can take up to 3 years depending upon the complexities. But don’t worry good matrimonial lawyers know how to speed up the process of taking divorce.

Also Read- MUTUAL CONSENT DIVORCE MOST POPULAR QUESTIONS

 

  1. Mutual consent divorce or a contested divorce?

It entirely depends upon you and your spouse. But mutual divorce is best preferred.

  1. What will be my grounds of divorce?

According to Section 13(1) following are the grounds of divorce

(1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party—

[(i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or]

[(ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty; or]

[(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or]

(ii) has ceased to be a Hindu by conversion to another religion; or

[(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

 

Also Read- CALCULATING MAINTENANCE DURING DIVORCE

  1. What is cruelty as a ground of divorce?

The term cruelty is to be inferred from the conduct of the spouse which makes relationship inhabitable.Everyday a new judgment on cruelty as a ground of divorce is coming, rest your lawyer will guide you best.

  1. What if husband or wife refuses to come in divorce case?

Then the court may grant you ex-parte divorce in their absence.

  1. What about custody of child in divorce case?

You can file for custody of child in divorce case or separate case and maintenance as well u/s 26 of HMA, 1955

  1. What about maintenance and alimony?

Court has the power to decide permanent as well as interim maintenance while disposing of the divorce matters. Any interim application has to be decided within 60 days.

 

Also Read- GROUNDS FOR DIVORCE

  1. What about my Istridhan and belongings?

For that you can file a separate criminal case and lodge FIR u/s 498 and 406 of IPC.

  1. Can I stay in the same house during the pendency of divorce proceedings?

Yes, the court has power to grant such orders. Even under Protection of Women from Domestic Violence Act, 2005 you can get residence orders and protection orders from any anticipated threat.

Also Read- INTERIM MAINTENANCE UNDER DIVORCE ACT

 

  1. Does wife has the right in the property of the husband?

He is under obligation to up keep and maintain you, for which you can have share in your husband’s property.

  1. If husband is an NRI and not coming to court?

You can write to Ministry of External Affairs to restrict his travel and suspend his passport through regional passport office. Also he may be declared as a PO (Proclaimed Offender) in criminal cases.

  1. What if husband does not pay maintenance and comply with the court’s order?

You can file execution and get his assets, salary, property attached. If still he doesn’t pay you then you can have him arrested.

 

Also Read- MOST POPULAR QUESTIONS OF DIVORCE

  1. I don’t want my children to stay with my husband or wife?

Like divorce you have to contest the case of custody as well and prove to the court that why you are a better parent. The court will see only the interest of the child while deciding custody matters in divorce cases.

  1. Who is the best Divorce Lawyer in Chandigarh, Mohali, Panchkula, Derabassi, Kharar?

It is the most difficult question to answer being an advocate myself. Client chooses a divorce advocate on following criteria:

1. Fees

2. Accessibility and responsiveness

3. Understanding of the case

4. Whether lawyer can empathize with the court?

5. Trust, accountability and trust issues

So go and find your divorce lawyer with comfort and ease.

 

Also Read- CHILD CUSTODY IN DIVORCE

  1. Can I get my divorce, maintenance, dowry case to one place?

Yes, you can file application before District Court or High Court for the transfer the case.

Also Read- Divorce

  1. Should I consider a marriage counsellor first?

Talk to your spouse regarding this first to speak to a marriage counsellor in tricity.

  1. Procedure of divorce

Divorce procedure is complicated and emotionally challenging so be prepared for it. Process includes:

1. Notice to the spouse

2. Reply by spouse

3. Rejoinder by party who filed the divorce

4. Consideration on interim maintenance or custody

5. Evidence lead by party contesting divorce then cross examination

6. Final arguments

7. Decision/ Judgment

Decree of divorce refused or granted by the court.

 

Also Read- CUSTODY OF A CHILD IN NRI CASES

 

  1. Can I get free legal advice on divorce?

Yes you can as online world has made top divorce lawyers accessible. Feel free to call 9988817966. Remember advice is free but actions are paid.

  1. What if I want to cancel my divorce?

Yes, only High Court has power to nullify the divorce petition.

 

Also Read- Marriage

  1. How long does it take for an ex-parte divorce?

On an average within 1 year if publication is served and correct address are mentioned of the other spouse.

  1. What is restitution of conjugal rights case?

In case you want to go back and live with your spouse then you can file restitution application in the same case under Section 9 of Hindu Marriage Act, 1955.

  1. What if I don’t want to divorce my husband or wife?

Then simply don’t give and contest the case on merits.

 

Also Read- Mutual Divorce

Hope I have answered all questions related to the issue of divorce in Tricity.

Still if you have more queries or questions, feel free to call at 99888-17966 or write us at [email protected]

This post is written by Advocate Satish Mishra who is an expert in divorce matters.

Lastly one must Divorce wife (husband) if marriage isn’t working but not life. Be happy and stay healthy.

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