FAQs on Divorce

FAQs on Divorce

How much time it will take to get divorce in India?

Ans: It depends upon the type of divorce whether it is contested or mutual consent. If you have filed mutual consent divorce then it will take minimum of 6 months and maximum of 18 months. In case of contested divorce it may take you a minimum of 16 months to maximum 3 years.

Can my spouse and I file divorce together?

Ans: Yes, you can file mutual consent divorce if you have parted your ways amicably.

Can I take divorce from my wife even if she is not willing?

Ans: Yes, you can file contested divorce on various grounds applicable under different personal laws.

Is it possible to get mutual consent divorce before the expiry of 6 months?

Ans: Yes, as per latest judgement of Supreme Court, you can waive off the cooling period of 6 months by stating the valid reasons for the same.

What documents are required to file mutual consent divorce?

Ans: For filing mutual consent divorce marriage certificate, residence proof and photographs of both spouse, evidence with regard to separate living, details of profession and income of both spouse and details of property and assets owned by the both spouse are required.

How many times I have to attend the court for mutual consent divorce?

Ans: You have to attend the court twice for the purpose of recording the statement in the court. Now so many courts provide the facility of video conferencing, you can record your statement through the video conferencing.

Can I seek divorce under Hindu Marriage Act within one year of marriage?

Ans: No, you can’t file divorce within 1 year of marriage as per Hindu Law. But in exceptional cases High Court is empowered to grant leave to file divorce before completion of 1 year.

Can I seek maintenance in the pending proceedings of divorce?

Ans: Yes, if Hindu Law is applicable on you then you can claim maintenance under Section 24 of Hindu Marriage Act during the pending proceedings of divorce.

Can husband claim maintenance from wife in divorce proceedings?

Ans: Yes, he can claim from his wife during the divorce proceedings if he is unable to sustain himself financially.

When I can marry again after divorce?

Ans: You can marry again after the expiry of appeal period if other party doesn’t prefer appeal to the higher court.

Can I transfer the divorce petition filed by my husband at my place?

Ans: Yes, you can file transfer application in Supreme Court if you want transfer from one state to another. If you want to transfer divorce petition from one district to another then you can file application in concerned High Court.

How can I seek child custody or visitation rights during a divorce case?

Ans: You can seek custody of your child by filing application under Section 26 of Hindu Marriage Act during the divorce case.

I am living in foreign country, can family member appear on my behalf in divorce proceedings?

Ans: Yes, your family member on whom you confer upon a special power of attorney can appear on your behalf.

Where I can file the divorce petition?

Ans: You can file divorce petition one of the four places i.e. place of marriage, place where you both spouse last resided together, place you are currently living and place where the other party is residing.

Can I file divorce on the ground of leprosy?

Ans: No, leprosy is no longer a ground for divorce in India as per latest amendment in personal laws in 2019.

I got divorce in USA, is it valid in India?

Ans: It depends upon the various facts. Generally, in order to validate the foreign divorce decree in India the ground of the divorce must be recognized in Indian Laws. Moreover, it must be pronounced by the competent court.

-Kiranpreet Kaur

Associate at Aggarwals & Associates, S.A.S. Nagar, Mohali