how to file for divorce in india

How can I file for divorce without a lawyer in India?

To file for divorce without a lawyer involves the collection of the following documents:

  1. Address proof of both parties (eg: Voter ID/Aadhar Card)
  2. Marriage certificate.
  3. 4 Photographs of the marriage.
  4. Proof that both parties have been living separately since a period of one year (eg: delivery receipts of products)

How long does it take to get a divorce in India?

approximately 18- 24 months

How much does a divorce cost in India?

The cost of filing the petition for divorce is nominal in India, at around Rs. 250. The main cost, of course, is the advocate fee, which varies significantly with the advocate you choose. Every lawyer will charge you separately per appearance and for any consultation and paper work.

Can I file divorce online in India?

Procedure for divorce in India can be initiated by a husband and wife jointly (Mutual Consent Divorce), or by either of them without the approval of the other spouse (Contested Divorce). With the new divorce law the parties can also apply for divorce online. …

Can I get divorce without going to court in India?

No it is not possible for you to take divorce legally without going to court. If both parties are ready than go for Mutual Consent Divorce in which case you will have to appear in court only 4 times on different dates. If your marriage is legally solemnized than only way for legal divorce is through Court.

What are the 5 reasons for divorce?

Currently, the five possible grounds for divorce are: adultery, unreasonable behaviour, desertion, living apart for more than two years (with agreement) and living apart for more than five years (without agreement).

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How can I get a quick divorce in India?

  1. Step 1: Divorce Petition to file. …
  2. Step 2: Court appearance and petition inspection. …
  3. Step 3: Decree for a recording of statements on oath. …
  4. Step 4: Between the passing of the first and the second motion a period of six months elapses. …
  5. Step 5: Second Motion and the Final petition hearing. …
  6. Step 6: Divorce Decree.

How many wives can you have in India?

Thus polygamy became illegal in India in 1956, uniformly for all of its citizens except for Muslims, who are permitted to have four wives and for Hindus in Goa and along the western coast where bigamy is legal. A polygamous Hindu marriage is null and void.

Is getting divorced easy in India?

The Indian government has proposed a new law which will make it easier for couples to get divorced. … Up until now, a divorce would in most cases be granted by the courts only if there were mutual consent. Correspondents say that marriage breakdowns are becoming more common and India’s divorce rate is increasing.

Can husband filed case against wife in India?

1.No- There is no such provision , where husband can file a case against his wife simply for assaulting. But you can move a complaint against her ,if harassment from her continued. … If, there is occasion for torchure , fight etc, she can even file a case under section 323/506 etc.

What are the documents required for divorce in India?

Requirement of Documents for filing Mutual Divorce Petition:

  • Marriage Certificate.
  • Address Proof – Husband and Wife.
  • Four Photographs of Marriage.
  • Income tax Statement of last 3 years.
  • Details of profession and Income (Salary slips, appointment letter)
  • Details of Property and Asset owned.
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How can I convince my wife to divorce me in India?

Want to file mutual consent divorce wife not ready what can I do

  1. 232 votes. You can convince your wife for filing divorce petition by mutual consent. …
  2. Respected Sir, …
  3. If she is not ready for divorce by mutual consent. …
  4. In order to file mutual divorce she should agree and in your case as you have said that she is not willing to take divorce. …
  5. Dear Querist,

How long do you have to be separated before divorce is automatic in India?

As per Section 13 B of Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954, the couple should be living separately for at least one year before divorce proceedings can begin. Section 10A of Divorce Act, 1869, however, requires the couple to be separated for at least two years.

How can I divorce my husband in India?

Procedure to be followed for filing a petition of divorce by mutual consent-

  1. Both the parties need to file together a petition seeking divorce before the District court.
  2. Before filing of the petition, married couple should make sure that they are living separately for a period of one year or more.

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