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Filing for a Divorce is an important decision and can be an emotional and stressful time, we assist you at every step of the way.

Mutual Consent Divorce

Mutual Consent Divorce was brought by the India Parliament vied Amendment in the year 1976 in the Hindu Marriage Act. Divorce by Mutual Consent is the simplest and easiest way of dissolving marriage.

Contested divorce

Contested Divorce implies party desirous of divorce approach the family Court/Civil Court for the dissolution of marriage. Spouse seeking divorce has to take one of the grounds provided under the law of contested divorce.

Foreign Divorce

DIVORCE, ANNULMENT, CHILD CUSTODY: Issues Among NRIs, Indian’s Living Abroad Divorce itself is complicated. Complication compounds and aggravate when it involves Indian Law of Divorce and Foreign Divorce and issues arising out of the same.

Maintenance

This is an integral part of all matrimonial proceedings. Application for maintenance can be moved by either of the spouse who does not have the sufficient means to maintain him/her self. Maintenance can also be classified in to two parts: Interim Maintenance and Permanent Maintenance:

Child Custody

In divorce proceedings, the most complex and emotionally drenching issue is that of child custody. Children, young and at times infant have to bear the pain for no fault of theirs

Permanent Custody, Interim Custody and Visitation Rights:

Judicial Separation

Judicial Separation is generally a step towards divorce. Section 10 of the Hindu Marriage Act provides grounds for judicial separation. It is akin to grounds for divorce.

Divorce Petition Drafting

Divorce Petition, contested divorce cases half of the battle is won on the basis petition drafting

Annulment of Marriage

A petition for the annulment of marriage is moved on certain grounds specified in various matrimonial laws. Once a petitioner is successful in proving its case, marriage is declared null and void.

Restitution of Conjugal Rights
Restitution of Conjugal Rights, It’s another remedy provided by law to the spouses. In cases, where one party leave the company and society of the other spouse, then a case for restitution of conjugal rights can be filed in the Court.
Counseling & Mediation

Matrimonial disputes are related with emotions, feelings, ego, and psychological reasons. Mediation can work wonders. You are solving your own problem with the intervention of counselor or mediator.  As we say, live happily or part amicably!!!

NRI Legal service

Non-Resident Indians (NRI), Indian settled abroad or on work permit who are involved in matrimonial crisis often faces complex situation of divorce, annulment and child custody and consequent legal proceedings.

498A & Allied Proceedings

The matrimonial cases are not confined within the realm of civil and family laws. Such cases can have criminal character too. A criminal case under section 498A of IPC registered against the husband and the other relatives who were causing such cruelty or whose name is mentioned in the complaint by the wife.

What is procedure for divorce in India ?

Question and answer related to divorce in India

Who can seek a divorce in India ?

Any person who has performed the marriage in India he may be an Indian citizen or he may even be a PIO(person of Indian origin) holding a foreign passport can seek the intervention of Indian courts in marriage matters. The plea may include divorce, alimony, maintenance, child custody or annulment of marriage.

If a Hindu who is a foreign national has had a marriage according to Hindu rights on foreign soil. He/she can also seek the intervention of Indian courts under the Hindu Marriage Act 1955.

Difference between Impotency and Infertility

Impotency means incapacity to have sex . The problem is usually with male's and rarely women suffer from incapacity to consummate. It can be a ground of divorce.
Infertility means incapacity to have children, may be due to less sperm count and problem with women's reproductive organs. It is not usually a ground for divorce, but can be if the spouse knew before marriage that he/she is infertile and did not inform about the same to the other.

Will Indian Decree be recognized by the foreign country ?
It is important to keep in mind that divorce decrees passed by Indian courts are valid in other countries just like marriages that are registered in India are valid in foreign countries. Basically, no foreign court is going to question if the decree passed by an Indian court on a matter of divorce of a couple married in India is invalid. The divorce decree needs to be recognized in the foreign country if the couple jointly owns property in that country. Such recognition is gained by filing a petition for recognition in such country in accordance with their laws. This is the last legal requirement for finalizing a divorce in case the divorcing individuals are non-resident Indians.
Can NRI's file divorce case in India?
Yes, NRIs can file Divorce cases in India and filing a divorce petition in India is a much smoother and safer route as marriage took place in India. For purposes of appearance in court proceedings, if one party is unable to come to India, then there are two options which could be granted by Court: A power of attorney can be accorded to any person. This person should preferably be a family member. Proceedings can be initiated via Video-Conferencing.
Will this foreign decree be recognized by the Indian Courts ?
The Indian courts do not recognize the decree passed by the foreign courts if the decree so made is inconclusive under Section 13 of the Civil Procedure Code, 1908. This means that the decree: Is not pronounced by a Court of competent jurisdiction. Has not been given on the merits of the case. Appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable. Was obtained opposed to the principles of natural justice. Has been obtained by fraud. Sustains a claim founded on a breach of any law in force in India. A decree passed by a foreign court may be challenged and declared null and void in an Indian court on the basis of the above conditions.
NRI/ PIO marriage in India, divorce abroad

Although Divorce by a Foreign court can be recognized in India. But the main problem that arises is that one of the spouses may challenge the foreign decree in an Indian Court. Which he/she has full right to . The person may end up fighting the same case in India, which he thought was over after the foreign judgment, thus also paying both foreign and Indian attorney's.

Is Indian Divorce Decree valid abroad?

If the Marriage was registered in India under Indian law. Then if subsequently if divorce is granted to the parties on mutual consent or any of the grounds under The Hindu Marriage Act, 1955. The Decree of Divorce shall be valid all over the world.

Void Marriages

There are certain forms of marriages which are void despite the solemnization/ performance of the same.

1) Either party had spouse living at the time of marriage.
2) The parties are within the degree of prohibited relationship, unless the custom or usage governing each of them permits the same.
3) The parties are not Sapindas of each other unless the custom or usage governing each of them permits the marriage of the two.

Annulment of Marriage

Marriage in India can also be dissolved by Annulment. It is the same as Divorce but the Grounds of Annulment are different from that of Divorce :

1)  Fraud
2)  Pregnancy of wife other than by Husband
3) Impotency Prior to marriage and subsists even at the time of filing the case.

Once Annulment of marriage is Granted by the court status of marriage changes as it was prior to the marriage.

Waiting time for remarriage after Divorce

It is best that you wait for 90 days, because that is the period where an appeal can be made against the order of Divorce. If a person marries between that period and an appeal gets the Divorce decree cancelled then, not only will the second marriage be void ab initio but also the person will be guilty of Bigamy under Hindu Marriage Act, 1955.

Read section 28 of the Hindu Marriage Act,1954 :

Appeals from decrees and orders.-(1) All decrees made by Court in any proceeding under this Act shall, subject to the provisions of sub-section (3), be appealable as decrees of the Court made in the exercise of its original civil jurisdiction and every such appeal shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in the exercise of its original civil jurisdiction. 

(2) Orders made by the Court in any proceedings under this Act, under Section 25 or Section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders and every such appeal shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in exercise of its original civil jurisdiction.

(3) There shall be no appeal under this section on subject of costs only.

(4) Every appeal under this section shall be preferred within a period of ninety days from the date of the decree or order.

Can wife claim share in husbands property even after getting permanent alimony?

Yes if the marriage survives and no decree of divorce issued dissolving the marriage, then the status of the woman after the death of the husband shall be that of a widow, she can get share in the property of her deceased husband. As such no right of the wife is their in husbands property when the he is living even after the divorce the ex-wife cannot claim share in property.

Compromise between parties and withdraw of case

Withdrawing of S125 Cr.P.C against you is very much possible, but if the S498A IPC complaint has been registered as FIR, the Report of the same filed by the Police in the Magistrate court, the withdrawal of the same at later stages will not be possible. 
The parties can go in for quashing of the FIR proceedings from the High Court otherwise the complete trail in the Magistrate Court will have to go on where in her Statement she withdraw the allegations of cruelty, dowry demand etc. and on that basis the trail court dismisses her FIR and the accused get acquittal order

How do I get divorce if I live in India and my husband lives in UK?

You don't need your husband to be in India for a divorce. You can file for divorce in the district family court where you reside in India on the ground of cruelty and desertion against your husband. 
Where you last resided together or the address of his parents in India can be used for sending him the court summon. If he fails to file his defense for the divorce petition, the case will be proceeded ex-parte against him and decided in your favor, you will get order and decree of divorce that will entitle you to remarry.

I need my divorce certificate that I had not collected ?

The decree of divorce that got your marriage dissolved in the district court in India will be available in the same court records where the process of divorce was initiated and concluded.

You can apply for the certified copy of the final order and decree of divorce by applying it in the district court and get it for your record.

The cost for the same will be the required court fee and professional fee the local lawyer may charge you to get the same from the district court.


You should know the exact date of order, name/particulars of both parties and name of judge who passed the final order and issued the decree of divorce.

How can I find out if my husband got a divorce from his first wife?

Ask him for the divorce papers, like the order and decree of divorce issued by the court, you can confirm the facts about the divorce from the court records yourself or through some lawyer of the state where the divorce process took place. There are few courts where the order/judgment passed by the various judges in the court are posted online for general public, if that is so in the state/city/district, check the order passed by the court in the divorce case.

Procedure for quick divorce in India
Minimum time period for a Divorce proceeding to conclude is 6 months. Section 13-B of the Hindu Marriage Act,1955 provides for divorce by mutual consent, joint petition to be filled by both parties in the district court/family court. After six months of statutory waiting period if the consent for divorce of both parties exist, all issues relating to child custody if any, permanent alimony & maintenance. There are few important conditions relating to this form of divorce:- 1. The marriage should be more than one year old. 2. Both parties should not be in husband-wife relationship for more than one year, thus living separately and not as husband and wife. 3. The consent for divorce of both should be free & not by force or fraud or any undue pressure/influence and it should exist till the final order for divorce is announced by the learned judge of the court. 4. The six months of waiting from the time of filling the joint petition namely first motion till the second motion is statutory, it cannot be condoned or reduced by any other court in India and the extraordinary power to do so exist only with the Supreme Court of India under article 142 of the Constitution of India, but that too is rarely used by the apex court this extra-ordinary jurisdiction under article 142 of the constitution and not in every case.
What is procedure to obtain divorce in India?
There are different Divorce laws for different Religions. Hindus (Sikhs, Buddhist and Jain's) are governed by Hindu marriage Act, 1955, Christians are Governed by Indian Divorce Act 1869 and The Christian Marriage Act, 1872. Muslims are governed by Personal laws of divorce and Dissolution of Muslim Marriage Act,1939 & The Muslim Women( Protection of Righst on Divorce) Act,  And Parsis are governed by Parsi Marriage and Divorce Act 1936. Also there is a Secular law called Special Marriage Act, 1954 Divorce can  broadly be obtained by two ways : Mutual Consent Divorce : Simple way of coming out of a marriage is a Divorce by mutual consent. Husband and wife mutually agree to end the marriage. The Husband and wife have to reach at a consensus on two aspects . One is Maintenance or alimony. As per law there is no minimum and Maximum limit for maintenance. It could be of any amount or nill. The second is Child Custody. Child custody can be shared, joint or exclusive depending upon the understanding of the spouses. Generally the parties submit application for mutual divorce on the first hearing and they are given a date after 6 months for the second hearing, and are granted Divorce on the second hearing. Contested Divorce : The contested divorce is granted on a ground/ grounds. Indian Law recognizes: 1) Adultery 2) Desertion 3) Cruelty 4) Impotency 5) Chronic diseases
Annulment of Marriage
Marriage can also be dissolved by the means of Annulment. Procedure for annulment is the same as divorce but the grounds are different. Grounds for annulment are fraud, pregnancy of wife by someone other than the husband, impotency prior to marriage and subsists even at the time of filing the case
Formalities for registration of hindu religious marriages, NRI holding India Passport
All you require is proof of age for both of you, proof of residence for both of you (passport of both of you can be used for both as proof of age & that of residence), proof of marriage in the form of wedding card, wedding photographs, certificate of priest/temple (any or all of these), two or three witnesses of this marriage with their I.D. proof. With all these contact the Marriage Officer/Registrar (who is usually the Tehsildar of the district) appointed under section 8 of the Hindu Marriage Act, 1955 of the district where your marriage is being solominised, move application for registration, along with affidavits of both of you & those of the witnesses, passport size photographs & the above mentioned documents etc, get the marriage registered & certificate of the marriage issued.
Who should file for mutual consent divorce?
It’s never easy to make a decision that you want to file for a divorce. If you feel that your marriage has come to its natural end and you have exhausted all of your efforts to make it work, you can think of filing for Mutual Consent Divorce. Legal cops team come into picture only when the parties have already decided to dissolve the marriage amicably by their own free will.
What are the condition for mutual consent divorce?
– Section 13 B of the Hindu marriage Act 1955 and Section 28 of the Special marriage Act, 1954 provide for divorce by mutual consent on the below mentioned conditions: That they (husband and wife) have been living separately for a period of one year or more, and 2. That they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. – Section 10 A of the Divorce Act 1869 (applicable to Christians) provide for divorce by mutual consent on the below mentioned conditions: That they (husband and wife) have been living separately for a period of two years or more, and 2. That they have not been able to live together and that they have mutually agreed that the marriage should be dissolved
In which Family Court apply for divorce?
Section 19. of HMA says (Court to which petition shall be presented): Every petition under this Act shall be presented to the district Court within the local limits of whose ordinary original civil jurisdiction – (i) the marriage was solemnized, or (ii) the respondent, at the time of the presentation of the petition, resides, or (iii) the parties to the marriage last resided together, or (iii-a) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or (iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.
Is it mandatory to wait for 6 month before filing the second motion?
A couple married under Hindu Marriage Act or Special Marriage Act or Divorce Act, may not need to wait six months for a separation order in the case of mutual consent as the Supreme Court on 12th September, 2017 held that the “cooling off” period in not mandatory and can be waived off. However, the discretion to waive off the period lies with the Hon’ble judge of the concerned Family court.
How many time do I need to appear in front of family judge?
Typically both parties need to appear in front of Family Judge once for each motion (two times for the entire process); however, if Judges feel appropriate, they can call the parties again depending on the facts and circumstances of each case.
Do my parents need to appear in the Court along with me?
No, it’s not required. However, if Judges feel appropriate, they can ask any or both the parties to call up their parents depending on the facts and circumstances of each case.
Can NRI's file divorce case abroad?
Yes,  if a Non-Resident Indian (NRI) married in India wants a divorce, then he/she can do so by filing a petition in India or in the country where both of them are residing. The Indian law provides for this exception of filing a divorce in another country. It says that a petition

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