Advocate Seema Dhavale
FAQ's

1. Can I get divorce in India via online? Can I File divorce petition without coming to India? Can the petition to get divorce in India be filed anywhere in India?
You cannot get divorce in India via online, but you can file divorce petition without coming to India. You can file Divorce petition from 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.

2. How many times I have to attend the court hearing if I filed for divorce in India?
Minimum of two times. But depending on the place of filing, it is possible to reduce to just one.

3. 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, it is possible to avoid the appearance of at least one spouse.

4. How long after marriage can a person seek divorce Under Hindu Law?
Under Section 14 of the Hindu Marriage Act, 1955, no petition for divorce can be filed within one year of the marriage. But in case the petitioner's case is of exceptional hardship High Court is in empowered to grant leave to file the case before the expiry of one year.

5. 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. It is possible to get divorce before six months, there are many judgments of High courts and Supreme court where the divorce by Mutual consent can be reduced very less than six months. You can download the Judgment of Supreme Court dated 12 May 2010 from this site.

6. How much money it will cost me for getting a divorce order in India?
It depends on the place of filing. It also depends upon various factors.

7. 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. You can download the Judgment of Supreme Court dated 12 May 2010 from this site.

8. How much time it will take to get divorce in India if one of the spouses is not willing for divorce?
Time varies from six months to 2 years.

9. What is the time for separation for filing divorce in India?
No prescribed time for separation except under certain conditions. It could varies from six months to 1 year.

10. 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.

11. 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.

12. When the divorced persons can remarry?
With regard to the re-marriage after divorce, Section 15 of the Hindu Marriage Act, 1955, provides that after a decree of divorce has been granted, in case there is no right of appeal against the decree or if there is a right, the time has expired without an appeal having been presented or if the appeal filed has been dismissed, it shall be lawful for either party to marry again. The period of appeal as provided under Section 28 of the Hindu Marriage Act is 30 days from the date of the decree or order.



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