What is the Indian law for divorce?

What is the Indian law for divorce?

The only requirement for divorce by mutual consent is that the parties should have been living separately for a period of one year or more. Section 13B of the Hindu Marriage Act 1955 provides for divorce by mutual consent where the parties have been separated for a period of one year.

Can wife divorce husband without his consent?

In case your spouse is not agreeing to the mutual consent divorce, then you can file a petition under any of the grounds mentioned under Section 13(1) of the Hindu Marriage Act.

Can I file divorce papers online India?

In order to file a petition for mutual consent divorce online, there are two ways one can file it, namely ‘online divorce firm’ which will help you in the procedure of opting divorce and secondly ‘do it yourself’, which means you will have to contest your case by yourself and follow.

What are the documents required for divorce in India?

Documents Required for Divorce with mutual consent 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)

What are the 5 grounds for divorce in India?

Following are the 9 common legal grounds for divorce which are widely present in all current enactments on divorce law:

• Adultery.
• Desertion.
• Insanity.
• Conversion.
• Renunciation.
• Cruelty.
• Venereal disease.
• Presumption of death.

What is section 9 of the Divorce Act?

Section 9 of the Hindu Marriage Act, 1955, which deals with restitution of conjugal rights, reads: “When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the …

Can I take divorce alone?

It is not necessary that both partners have to agree to file a divorce. A Spouse may file for a divorce without the other’s consent. The purpose of divorce is to put an end to the marriage which has already broken down irretrievably.

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.

Can we file mutual divorce without lawyer?

A mutual consented divorce is an easier and faster way you can get a divorce without a lawyer. For obtaining a divorce mutually, both the parties must agree that the divorce should take place, and decided on other relevant factors.

What happens if my husband filed for divorce first in India?

If a divorce petition is filed then first of all, file a WS for the same stating all the facts concluding your prayer and the relief you want from the courts and simultaneously file a transfer petition in Supreme court so that the divorce petition can be transferred in your city.

What are the rights of a wife in a divorce?

What Are My Rights as a Wife in a Divorce? The primary areas of concern include spousal support, the family home and other property, and child custody. How much spousal support will a wife get? A wife is typically entitled to alimony if she earns less than her soon-to-be-ex-husband.

What is the section 13?

(i) Cruelty which is a ground for dissolution of marriage may be defined as wilful and unjustifiable conduct of such character as to cause danger to life, limb or health, bodily or mental, or as to give rise to a reasonable apprehension of such a danger.

What if husband Denies divorce in India?

if your husband is deny the divorce and he is not come in the court and he refused the divorce to him then you have to lodge a complaint against your husband for maintenance.. and. complaint in the police station for under section 498 a? and pressure to your husband for divorce.

How can I get quick divorce in India?

1. No fixed time period. The parties have to be present before the court for as many times as it seeks. The maximum cooling off period between the first and second petition is 18 months after which on presentation of second petition, and satisfaction of court, divorce decree can be granted.

Can wife get divorce without any reason?

The court cannot force any one to give or not to give divorce to his/her spouse. It can only decide whether the spouse who files a petition for divorce, is entitled to divorce or not. 2. If you do not want to give divorce then you may contest the divorce proceedings initiated by your wife as and when she initiates it.

Can court force wife to stay with husband?

Under no law the court can compel or force a husband to take back his wife. No court can force co- habitation between a couple. If in the mediation proceedings it is even suggested to the husband to take back his wife he can refuse.

Can we get divorce in 6 months?

No, as per different divorce laws in India, to apply for a mutual consent divorce, the couple must have lived separately for at least one year. Therefore, couples cannot file a petition for mutual divorce within 6 months of getting married.

Can I get divorce in a month?

Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage. There also has to be gap of six months between the first and second motions. The court can waive this cooling off period in some cases.