Joint petition for dissolution of marriage for a decree of divorce is presented to the Family Court by both the spouses on the ground stating that they have not been able to reconcile the differences and live together.
Where do I file a divorce petition?
Every petition under the Act shall be filed with the District Court( family courts) within the local limits of whose ordinary civil jurisdiction: The Marriage was solemnized, or. The respondent at the time of the presentation of the petition resides, or. The parties to the marriage last resided together, or.
How do I file a divorce petition in India?
How to Draft a Divorce Petition?
- Court. …
- Matter. …
- Give space for case number (as it will be given by the court clerk) and mention year.
- Details of parties to the application. …
- Facts of the matter. …
- Alimony. …
- Any other proceedings filed apart from this in this Honorable Court or in any other Court in India. …
- Court fee.
Can divorce be filed 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 divorce be filed anywhere in India?
So if a Husband (Petitioner) files a Divorce Petition, then he would be required to file it before a Court where the Wife (Respondent) resides. … Now, Clause (iii) of Section 19 provides states that a Petition can be filed where both the Husband and Wife last resided together.
What are the 5 grounds for divorce?
Following are the 9 common legal grounds for divorce which are widely present in all current enactments on divorce law:
- Venereal disease.
- Presumption of death.
How do I start the divorce process?
STEP 1: First Motion involves joint filing of divorce petition. STEP 2: Husband & wife appear before court to record statements after filing of petition. STEP 3: Court examines petition, documents, tries reconciliation, records statements. STEP 4: Court passes order on First Motion.
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 is new divorce law in India?
Waiving of 6 Month Mandatory Period
When couples approach the court for divorce under Section 13B(2) of the Hindu Marriage Act, 1955, the court grants six months for rehabilitation. Section 13B(2) deals with divorce by mutual consent. The purpose behind granting six months period was to save a marriage.
Can husband get divorce on grounds of cruelty?
Jagdish Prasad in February 2007, the Supreme Court held that any kind of mental cruelty faced by either of the spouses not just the woman but men as well can apply for a divorce on grounds of cruelty. … Hence, a man is also entitled to divorce if he is inflicted with any kind of cruelty.
Is divorce easy in India?
The divorce rate in India is very low – about 13 in 1,000 marriages, against 500 in 1,000 marriages in the UK. Every year 7,500 cases of divorce are filed in Mumbai, 9,000 in Delhi and 3,000 in Bangalore.
How long do you have to be separated before divorce in India?
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.
How can I file divorce without a lawyer in India?
To file for divorce without a lawyer involves the collection of the following documents:
- Address proof of both parties (eg: Voter ID/Aadhar Card)
- Marriage certificate.
- 4 Photographs of the marriage.
- Proof that both parties have been living separately since a period of one year (eg: delivery receipts of products)
Can husband and wife live separately without divorce?
When you live apart from your spouse without intending to reconcile but you are not divorced, you are considered permanently separated. … Once you’re separated and have made basic agreements about your joint assets and debts, you don’t have to divorce right away.
What if husband filed for divorce first?
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 if Husband Denies Divorce?
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.