LOOKING TO FILE FOR DIVORCE IN INDIA?
A list of the most common questions asked by clients and couples looking to file for divorce in India. For more detailed answers and other queries, you may reach out to me using the Get in Touch page or the Let's Chat option.
When can I file for Divorce?
You can file for Divorce only after 1 year from the date of marriage. After the statutory waiting period, you can file a petition for Divorce on grounds available to you under the Hindu Marriage Act, 1955 ("HMA") or other relevant personal law.
What are the grounds for Divorce?
As per Section 13 HMA, a petition for Divorce can be filed on the following grounds:
Renunciation of the World
Presumption of Death
What is Divorce by Mutual Consent?
If you and your spouse are in agreement over getting a divorce and have settled all disputes relating to Maintenance, Child Custody, Division of Assets, etc., you may file a Petition for Divorce by Mutual Consent before a court of competent jurisdiction.
A Divorce by Mutual Consent follows these steps:
Step 1: First Motion - A combined Petition for Divorce by Mutual Consent is filed by the parties (husband and wife) under Section 13 (B) (1) HMA, before a court of competent jurisdiction. The court analysis the Petition and if found satisfactory proceeds to record the statement of the parties. After recording the statements, the court passes an order allowing the First Motion.
Step 2: Cooling Off Period & Waiver- There is a statutory cooling-off period of 6 months after the passing of the First Motion during which you cannot file the Second Motion Petition. However, if the parties have been staying separately for a period of more than 18 months before filing the First Motion Petition, then an application for Waiver can be filed and the court may waive off the 6 month waiting period.
Step 3: Second Motion- Once the cooling-off period is over or has been waived off by the court, the parties shall file a combined Second Motion Petition under Section 13 (B) (2) HMA. Once again, the court will record the statement of the parties and ensure that both parties are in agreement over the terms of the divorce. After satisfying itself, the court will allow the Second Motion Petition, and the marriage will stand dissolved.
Where can i file for Divorce?
You can file a Petition for Divorce before the District Family Court where:
your marriage ceremony took place, or
you last resided with your spouse, or
your spouse is residing at the time of filling, or
if you are a wife, your residence at the time of filling.