Divorce Rules and Laws in India | Free Legal Advice Online (2022)

Divorce - Types, Rules and Laws in India

The Indian Divorce Act is the one related to matrimonial causes. According to the Indian Divorce Act, Divorce is the legal dissolution of marriage. The Indian Divorce Act was drafted into the Indian legal system in the year 1869. In India divorce rules and procedure vary according to the community of the couple. A divorce is among the most traumatic misfortunes for any couple. The entire process of divorce that starts from coping up with emotional ups and downs to contesting for the long awaited divorce decree for several months is definitely a tough affair to get through. Before opting for a divorce one should be aware of the fact that a divorce procedure in India extends for almost a year and in some special cases of disputes the procedure may continue for years.

In case of any divorce related matter, please Post Your Requirement anonymously and consult a reputed lawyer for free OR Search for a Lawyer and book a free appointment directly.

Since India is a land of varied religious communities having their own marriage laws, the divorce procedure too varies, according to the community of the couple seeking divorce. All Hindus as well as Buddhists, Sikhs and Jains can seek divorce under the Hindu Marriage Act 1955 according to the divorce laws in India. The Muslim, Christian and Parsi communities, on the other hand, have their own laws governing marriage and divorce. Spouses belonging to different communities and castes can seek divorce under the Special Marriage Act, 1956. There is also the Foreign Marriage Act 1969, governing divorce laws in marriages where either partner belongs to another nationality.

With the advancement of time and social awareness, several acts have been passed by the government which states the divorce rules in India to make the present day divorce procedure more progressive with respect to gender affairs and related sensitive issues.

There are types of divorce petitions and you will hereby, understand the procedures on how to get divorce in India from your wife. Divorce laws in India are broadly categorized into ‘Divorce by Mutual Consent’, ‘Contested Divorce’, ‘Void Marriages’, here is a detailed overview about each of them.

Grounds for Dissolution of Marriage- According to the Indian Divorce Act-

  1. Any marriage solemnised, whether before or after the commencement of the Indian Divorce (Amendment) Act, 2001, may be dissolved on a petition presented to the District Court by either the husband or the wife, on the grounds that the respondent:

(i) has committed adultery; or

(ii) has ceased to be Christian by conversion to another religion; or

(iii) has been incurably of unsound mind for a continuous period of not less than two years.

(v) has been suffering from communicable venereal disease for a period of not less than two years immediately preceding the presentation of the petition; or

(vi) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive; or

(vii) has wilfully refused to consummate the marriage and the marriage has not thus been consummated; or

(viii) has failed to comply with a decree for restitution of conjugal rights for a period of two years or more after the decree was passed against the respondent; or

(ix) has deserted the petitioner for at least two years immediately preceding the presentation of the petition; or

(x) has treated the petitioner with such cruelty that the petitioner has a reasonable fear that living with the petitioner would be harmful or injurious.

(2) A wife may also apply for the dissolution of her marriage if the husband has been convicted of rape, sodomy, or bestiality since the marriage's solemnization.

Extent of the Indian Divorce Act- The Act extends to the whole of India except the state of Jammu & Kashmir.

Divorce Lawyers- A divorce lawyer is a family law attorney who has experience with divorce, child custody and visitation, child support, and spousal support.

It is important to pick a divorce lawyer with whom the client feels comfortable speaking. In order for family law attorneys to effectively represent their clients, a large number of personal information must be disclosed to them.

Types of Divorce

1. DIVORCE WITH MUTUAL CONSENT

So, according to the divorce laws in India under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court through a divorce lawyer. Mutual consent means that both the parties agree for peaceful separation. Mutual Consent Divorce is a simple way of coming out of the marriage and dissolving it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach a consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses.

Certain common questions about divorce with mutual consent have been answered below:

(Video) Alimony in Divorce | Alimony & Maintenance Law | Divorce & Alimony Parmanent Alimony & Maintenance

Q1) When can the divorce by mutual consent be filed?

A1) The parties intending to dissolve marriage are required to wait for at least one year from the date of marriage. They have to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce and that during this period of separation they have not been able to live together as husband and wife.

Q2) Where to file the divorce petition?

A2) In the family court of the city / district where both the partners lived together for the last time, which was their matrimonial home and such a petition is filed by a divorce lawyer.

Q3) How to file divorce petition by mutual consent? What happens in the court?

A3) The divorce petition is in the form of an affidavit, which is to be submitted to the family court. After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months. After six months the parties have to present themselves again in the court for making a second motion confirming the mutual consent filed earlier. It is only after this second motion that a decree of the divorce is granted by the court.

Q4) Can any one party withdraw the mutual consent petition after filing in the court? What will happen by that?

A4) According to the divorce laws in India, during this period of 6 months when the petition is pending in the court, any of the partners is fully entitled to withdraw the mutual consent by filing an application before the court stating that he/she does not wish to seek divorce by mutual consent.

Q5) In such circumstances, the court grants no divorce decree. What can the other partner do under such circumstances?

A5) There is no option available to the other party to such circumstances except to file a normal petition for divorce under the provisions of the Section 13 of the Hindu Marriage Act, 1950. As far as divorce rules in India are concerned in such a situation divorce can be granted only on certain specified grounds like cruelty; desertion; voluntary sexual inter-course with another person; the other spouse being of unsound mind; conversion of religion by the other spouse; Leprosy; venereal disease; a spouse having renounced the world or being missing for a period of more than 7 years.

Q6) Can the spouse consent for remarriage without getting divorce from the existing partner?

A6) Divorce rules in India clearly states that remarriage without getting divorce is a punishable offence with seven years’ imprisonment.

Q7) If either of the spouses is not heard for a long time, should the divorce be applied?

A7) If there is proof of the absence of one spouse without any information to the other spouse about his whereabouts for a continuous seven years period, a petition should be filed in this regard in the court.

Q8) When do divorced persons remarry?

A8) Depending on the nature of decree, after the expiry of three months from the date of decree if no notice of appeal is received by the person remarrying from the other person.

Q9) What are the costs involved in getting divorce by mutual consent?

A9) According to the divorce rules, if you hire a divorce lawyer, it will be somewhere from Rs25, 000 to Rs75, 000. But if you get the documentation done by us and file on your own without a divorce lawyer, the cost will be very low. You will not have any problem in filing your petition, and you will save a lot of money.

Q10) How much time does the whole process take from filing the mutual consent petition in the court till the passing of the decree (judgment) by the court?

A10) It takes from six months to one year from the date of filing of the petition. It varies from case to case & place to place.

2. CONTESTED DIVORCE

Another type of divorce is a contested divorce. In this case, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. The reasons for divorce are as follows, though some are not applicable to all religions. Following are some of the grounds for divorce in India:

Cruelty

Cruelty may be physical or mental cruelty. According to the Hindu Divorce Laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining divorce due to cruelty by the spouse.

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Adultery

In India, a man that commits adultery (i.e. has consensual sexual intercourse outside of marriage) can be charged with a criminal offence. The wife may, of course, file for divorce as a civil remedy. If, on the other hand, a wife commits adultery, she cannot be charged with a criminal offence, though the husband can seek prosecution of the adulterer male for adultery.

Desertion

One spouse deserting the other without reasonable cause (cruelty, for example) is the reason for divorce. However, the spouse who abandons the other should intend to desert and there should be proof of it. As per Hindu laws, the desertion should have lasted at least two continuous years. Christians, however, will not be able to file a divorce petition solely for this reason.

Conversion

Divorce can be sought by a spouse if the other spouse converts to another religion. This type of divorce reason does not require any time to have passed before divorce can be filed.

Mental Disorder

If the spouse is incapable of performing the normal duties required in a marriage on account of mental illness, divorce can be sought. If the mental illness is to such an extent that the normal duties of married life cannot be performed.

Communicable Disease

If the spouse suffers from a communicable disease, such as HIV/AIDS, syphilis, gonorrhea or a virulent and incurable form of leprosy, the Hindu Divorce Laws in India say that the other party can obtain a divorce.

Renunciation of the World

if the spouse renounces his/her married life and opts for sanyasa, the aggrieved spouse may obtain a divorce.

Presumption of Death

If the spouse has not been heard of as being alive for a period of at least seven years, by such individuals who would have heard about such spouse, if he or she were alive, then the spouse who is alive can obtain a judicial decree of divorce.

A few common questions about divorce without mutual consent have been answered:

Q1) What are the various steps involved in seeking a contested divorce?

A1) With a contested divorce, spouses will have to go through numerous steps before the divorce is finalized, including:

  • prepare, file and serve (deliver) the divorce petition (legal paperwork asking for the divorce and stating the grounds for the breakdown of the marriage)

  • respond to the petition

  • interview and hire an attorney

  • engage in “divorce discovery” – the information gathering process, which involves various legal procedures to get information from your spouse and third-party witnesses (e.g., written questions, subpoenas, and depositions)

  • pre-trial legal motions and hearings

  • settlement proposals and negotiations between attorneys

    (Video) How To Get A Divorce In India - Divorce Lawyers/Divorce laws in India/Ravi Shines Tamil

  • if settlement fails, prepare for trial

  • complete a court trial

  • Appeal, if you dispute the trial judge’s decision(s).

During the settlement phase, spouses are often unable to resolve issues. Although the divorce judge may encourage spouses to work things out, when that doesn’t happen the next step is divorce court.

During trial, both spouses present witnesses, and their lawyers cross-examine the witnesses and present closing arguments. After the trial is over, the court will issue a final order memorializing all of the judge’s decisions, and finalize the divorce.

Q2) What are the various documents required to file a petition for a contested divorce?

A2)The various documents required to file a petition for contested divorce are:

  1. Address proof of husband

  2. Address proof of wife

  3. Marriage certificate.

  4. Four passport size photographs of marriage of husband and wife

  5. Evidence proving spouses are living separately since more than a year

  6. Evidence relating to the failed attempts of reconciliation

  7. Income tax statements for the last 2-3 years

  8. Details of profession and present remuneration

  9. Information relating to family background

  10. Details of properties and other assets owned by the petitioner.

Q3) What is the cost involved in getting a contested divorce?

A3) Divorce Lawyers tend to charge fees for appearing in court and doing any other work. Depending on how intensely it is fought, therefore, a divorce may cost anywhere from the low ten thousands to lakhs of rupees.

Q4) What are different constraints regarding alimony?

A4) The right of maintenance extends to any person economically dependent on the marriage. This will include, therefore, either spouse, dependent children or even indigent parents.

The claim of either spouse (though, in the vast majority of cases, it is the wife), however, depends on the husband having sufficient means. When deciding how much alimony is to be paid, the courts will take into account the earning potential of the husband, his ability to regenerate his fortune (in case, say, the property is given to the wife) and his liabilities. In case either spouse is unable to pay for the divorce, these expenses would also be paid by the spouse that does have an income.

Various constraints determining the alimony are:

(Video) Custody of Child After Divorce, How to take child Custody After Divorce, Child Custody Law Process

  • The age of the person entitled to receive the alimony.

  • The earnings and current financial status of the spouse entitled to pay the alimony.

  • The failing health or a medical condition of one of the spouses who is going to receive the alimony may act in favor of him or her. They can claim a larger alimony on the basis of their failing health.

  • The spouse that retains custody of the child would be entitled to either pay lesser alimony or be entitled to a greater amount while the child is a minor.

Q5) What are the provisions relating to child custody?

A5) Courts usually agree to the decision of the parents in a mutual consent divorce, the courts are expected to see to the best interest of the child. In a contested divorce, the courts will examine the ability of the mother or father to be a parent to the child, for example. Money is not usually a matter that is considered. Non-working mothers are regularly given custody of their children, but fathers are expected to provide financial support.

3. VOID MARRIAGES

Following are the grounds which shall render a marriage void or the court shall deem it to be illegal are:

Bigamy

None of the parties to the marriage shall have a spouse living in the time of their marriage. If either of them has a spouse alive from an earlier marriage, their subsequent marriage is no marriage in the eyes of law. It is void ab initio and non-existent.

Persons falling within degrees of prohibited relationships

Lineal ascendants are to be seen from both sides, i.e. from the father’s side as well as from the mother’s side. So both the father and mother are lineal ascendants fall in degrees of prohibited relationships.

Sapinda relations

Sapinda relations can be illustrated as under:

Suppose A is a boy. Now if he is considered as one generation, relatives falling in four more generations upwards from him from the side of his father shall be his Sapinda relations. Therefore, A’s father, A’s grand-father, A’s great grand-father and the father of A’s great grand-father shall all be A’s Sapinda relations. But on the mother’s side, this chain is to extend to only three generations which include A. Therefore, A’s mother and A’s maternal grand-mother only shall be A’s Sapinda relations from the mother’ side, A himself being one generation. Marriages made up of such relationships are void.

A few common questions about void marriages have been answered below:

Q1) What are the provisions relating to maintenance of the wife?

A1) Another significant question that now arises is whether the wife whose marriage is void under section 11 of the Act can claim maintenance from her husband of that void marriage. The Supreme Court has held that where a marriage is void, wife cannot claim maintenance under sec. 488 .However it is a generally accepted rule that even in such cases, the wife is entitled to maintenance under sec. 18 of the Hindu Adoptions and Maintenance Act and also under section 24 of the Hindu Marriage Act.

Q2) Are the children born from void marriages legitimate?

A2) Hindu Marriage Act 1955 confers legitimacy upon the children born out of void marriages. It provides as under-

Hence the clear effect of section 16 is that if a child is born out of a wedlock which is subsequently declared to be null and void, that child will not be considered illegitimate but he shall be considered legitimate despite the marriage being illegal from its inception. The section provides a cushion to the children of void marriages and prevents them from being penalized.

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FAQs

Is online divorce legal in India? ›

No, mutual consent divorce petition cannot be filed online. You needs to appear twice before the Court of law for seeking a decree of divorce by way of mutual consent.

How can I get a free divorce 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)

What is the lawyer fee for a divorce in India? ›

The court fee is nominal at Rs 15, but the bulk is taken up by lawyer's fees. While women can avail of free legal services by getting an advocate from the legal aid cell, private lawyers' fee can vary from Rs 10,000 to Rs 1 lakh, depending on the type of divorce and duration involved.

What are the rights of wife after divorce in India? ›

She has the right to stay in the house until the time their marriage is annulled by a competent authority. After they are divorced, the wife has the right to ask for maintenance and livelihood costs for her and her children, however, she cannot ask for the property in a divorce settlement.

How long is divorce process in India? ›

How long does it take to get a divorce in India? It takes a minimum of six months in case of mutual divorces. But in cases of a contested divorce, it depends on a lot of factors and can take more than two years.

How many years of separation is equal to divorce in India? ›

When the couples agree to a divorce, the courts will consider a divorce with mutual consent as per. Section 10A of Indian Divorce Act, 1869, requires the couple to be separated for at least two years, the couple only needs to provide that they have not been living as husband and wife during this period.

How can I get a quick divorce in India? ›

MUTUAL CONSENT DIVORCE

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 I get divorce without any reason? ›

If any of the spouse intends to dissolve their marriage, then the aggrieved can seek the relevant grounds of divorce according to their religion and personal laws. There are specific grounds on which divorce can be granted because court cannot simply grant divorce without seeking any reason.

Can you get divorced same day? ›

No in one week it's not possible to get a mutual divorce. After the filing the first petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months.

Who pays the court fees in a divorce? ›

In most cases, the applicant pays the court fee; however, some couples agree to split the court fees between them, particularly if it is a joint application. Helping our clients file their divorce papers is only one of the many family law services at Stowe Family Law.

Who pays for a divorce? ›

There appears to be a myth that the person being divorced (known as the Respondent) always pays the fees for a divorce, when in reality this is not the case in the majority of divorce cases. The person filing for the divorce (known as the Applicant) will always pay the divorce filing fee.

Is alimony mandatory in mutual divorce? ›

Once you have decided to file for divorce by mutual consent, then you can agree to all the terms & conditions. You need not pay any alimony/maintenance unless your wife wants it.

Who suffers most after divorce in India? ›

The one who suffers the most in the entire divorce process is a child if there is any. That innocent also needs to get the best guardianship and care.
...
And Child custody is categorized into:
  • Physical custody.
  • Joint custody.
  • Legal custody.
  • Third-party custody.
8 Nov 2019

What a wife can claim on divorce? ›

For example, under the Hindu Marriage Act, 1955, both the husband and wife are legally entitled to claim permanent alimony and maintenance. However, if the couple marries under the Special Marriage Act, 1954, only the wife is entitled to claim permanent alimony and maintenance.

How much money wife gets after divorce? ›

If the alimony is being paid on a monthly basis, the Supreme Court of India has set 25% of the husband's net monthly salary as the benchmark amount that should be granted to the wife. There is no such benchmark for one-time settlement, but usually, the amount ranges between 1/5th to 1/3rd of the husband's net worth.

Is 1 year separation mandatory for mutual divorce? ›

For filing divorce case one separation period is not mandatory but one year is mandatory if both you want to file mutual divorce petition. If you alone want to file divorce petition 1 year separation is not mandatory, you can claim permanent alimony and maintenance for you and your child.

How much time is required for mutual divorce in India? ›

It takes 6 months and two motions. In first motion the lawyer will file a petition signed by both parties in court. Court will accept it. After this a second motion is filed after 6 months and divorce is final.

Is it possible to get divorce within a month? ›

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.

In which case alimony is not granted? ›

Alimony is generally not granted to the seeking spouse if he or she is already receiving support during the time of divorce. Although the rewarding of alimony can be revised in such events based on the arguments for claiming the support.

Is counseling mandatory before divorce in India? ›

There is no any mandatory to attend the counseling. But instead of proceeding further in the regular court for a long time, the counseling be conducted. If you already conveyed your decision to counselor, then he record and forward it to the regular court for proper order.

Can we get divorce in 15 days? ›

It is impossible to file divorce within 15 days of marriage,the limitation is under marriage act is one year and only you can nullify the marriage by filing for nullification within period of one year of the marriage, which is not divorce, the entire nullification proceedings has to be completed within one year if the ...

Can I get divorce in 3 months in India? ›

No, you can't get divorce after 3 months of marriage. You have to wait for at least one year to file divorce case against your partner. The waiting period of one year is inevitable even if you both plan to go for mutual consent divorce.

Is there any automatic divorce in India? ›

there is no procedure for automatic divorce in Indian Law, you may file a domestic violence case against them before magistrate court and claim protection, right to residence, maintenance, child custody and compensation under section 18,19,20,21 & 22 of Protection of Women From Domestic violence act-2005.

What is the number 1 reason for divorce? ›

Overall, the results indicate that the most often cited reasons for divorce at the individual level were lack of commitment (75.0%), infidelity (59.6%), and too much conflict and arguing (57.7%), followed by marrying too young (45.1%), financial problems (36.7%), substance abuse (34.6%), and domestic violence (23.5%).

What are the top 3 reasons for divorce? ›

According to various studies, the three most common causes of divorce are conflict, arguing, irretrievable breakdown in the relationship, lack of commitment, infidelity, and lack of physical intimacy. The least common reasons are lack of shared interests and incompatibility between partners.

What are the 7 grounds of divorce? ›

These grounds are such as desertion, adultery, cruelty, venereal disease, leprosy, insanity, and conversion. Under sub-clause (2) of section 13 of the Act, there are available four ground on which the wife alone can file a divorce petition.

Can working wife claim alimony? ›

A working woman is eligible to get alimony depending on her income and living conditions. So, even if the woman is working and there is a substantial difference between her and her husband's net worth, she will still be granted alimony to provide for the same living standards as her husband's.

Can you get a divorce without going to court? ›

It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.

Can I get married while my divorce is in process? ›

It's important that you make sure your divorce has been finalised before you marry again. It is against the law to marry someone if your previous marriage is not legally over, and so if you do remarry immediately it is possible that you could be committing a crime.

How quick can I divorce? ›

A divorce or dissolution will take at least 6 months to complete, even if your circumstances are straightforward. It might take longer if you need to sort out issues with money, property or children.

Why are divorces expensive? ›

More than fees related to court or lawyers, costs can also add up when you start working with other professionals such as divorce coaches, therapists, private mediators, and other kinds of legal or mental health practitioners.

What is a costs order in divorce? ›

A Costs Order is an order by the court for one party to pay some or all of the court costs that another party has had to pay. They must be applied for separately to the divorce application if a resolution wasn't found before the application.

What is the best way to handle a divorce? ›

Coping With Separation And Divorce
  1. Recognize that it's OK to have different feelings. ...
  2. Give yourself a break. ...
  3. Don't go through this alone. ...
  4. Take care of yourself emotionally and physically. ...
  5. Avoid power struggles and arguments with your spouse or former spouse. ...
  6. Take time to explore your interests. ...
  7. Think positively.

Who pays Court fees in financial settlement? ›

FAQ: Who pays the legal fees in a court settlement? The party that applies for divorce is known as the 'petitioner'. The remaining party is known as the 'respondent'. Typically, both the petitioner and the respondent are required to pay their own legal fees.

Does respondent pay Court fees? ›

Petitioner vs Respondent fees

The Petitioner is responsible for covering the cost of the preparation and submission of the divorce paperwork, together with obtaining legal advice and paying the Court fees. The Respondent will only be responsible for covering their own legal fees.

What happens if husband refuses to pay alimony? ›

But if the husband or wife refuses to pay the alimony, they will be sent to jail, or they will be given an ultimatum by which time they have to pay all that they have missed. The time period for the ultimatum and jail is decided on by the court.

Can a judge reject mutual divorce? ›

In both the situation, a judge can reject a plea for divorce be it in the case of a mutual or a contested divorce.

How alimony is calculated India? ›

How is Alimony Calculated in India? The Supreme Court in one of its landmark judgments has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of the net salary of the husband might constitute a “just and proper” amount as alimony.

Who regrets divorce more? ›

The recent Annual Relationship, Marriage, and Divorce Survey conducted by Avvo online marketplace for legal services found that men are more likely to regret breaking up than women. Of the 254 divorced women surveyed, only 27% said they regretted their divorce.

What do men lose in divorce? ›

Most men experience a 10–40% drop in their standard of living. Child support and other divorce-related payments, a separate home or apartment, and the possible loss of an ex-wife's income add up.

What can a woman claim for in a divorce in India? ›

03/9Right to divorce

Women can legally file for a divorce without the consent of their husband in the event of infidelity, cruelty, physical and emotional violence and more, under Section 13 of the Hindu Marriage Act, 1995.

What is the new divorce law in India? ›

After a petition has been filed to obtain a divorce by mutual consent, the parties have to wait for a minimum period of 6 months and not more than 18 months. In conclusion, the law has laid down the appropriate provisions for enabling the parties to obtain a divorce you should hire the best divorce lawyers in India.

How much alimony can a wife get in India? ›

If the alimony is being paid in the form of monthly payments, the Supreme Court of India has set 25% of the net monthly salary that should be granted to the wife by the husband. In case, the alimony is being paid in the form of a lump-sum amount, it usually ranges between 1/5th to 1/3rd of the husband's total worth.

Is alimony compulsory in divorce in India? ›

Not every ex- spouse needs to pay divorce alimony, which is also known as spousal maintenance or support. Divorce alimony is granted only when an ex-spouse is not able to support himself or herself without financial assistance from their ex-spouse who can afford to pay it.

What is the cost of divorce in India? ›

If the alimony is being paid on a monthly basis, the Supreme Court of India has set 25% of the husband's net monthly salary as the benchmark amount that should be granted to the wife. There is no such benchmark for one-time settlement, but usually, the amount ranges between 1/5th to 1/3rd of the husband's net worth.

What are the rights of a woman after divorce? ›

She has the right to stay in the house until the time their marriage is annulled by a competent authority. After they are divorced, the wife has the right to ask for maintenance and livelihood costs for her and her children, however, she cannot ask for the property in a divorce settlement.

Can wife claim property after divorce? ›

When a marriage under the customary law is been dissolved, the woman has no right to claim for settlement of property even if she contributes to the acquisition of such property. She cannot through a court order compel her husband share the property with her.

Is it possible to file divorce online? ›

If your divorce is uncontested, filing online may be the way to go. Getting divorced online is a common way for couples to end their marriage. Many companies provide divorce forms online. These websites prepare forms for you based on the information you provide.

How can I get my divorce decree online in India? ›

You can search case details from online search on ecourts website. it is a simple application for obtaining certified copies on payment of requisite fee for photo copy fees the court shall grant you copies. You donot need a lawyer for copies.

How can I register my divorce in India? ›

Procedure to be followed for a Mutual Divorce.
  1. Step 1: Petition to file for divorce. ...
  2. Step 2: Appearing before Court and inspection of the petition. ...
  3. Step 3: Passing orders for a recording of statements on oath. ...
  4. Step 4: First Motion is passed and a period of 6 months is given before the Second Motion.
27 May 2019

How can I get mutual divorce in India? ›

What is the Mutual Divorce Procedure in India?
  1. Step 1: Filing a Divorce Petition. ...
  2. Step 2: Court hearing and inspection. ...
  3. Step 3: Statement Records. ...
  4. Step 4: First Motion. ...
  5. Step 5: Second Motion and Final Hearing. ...
  6. Step 6: Divorce Decree.
19 May 2020

What are the five stages of divorce? ›

There are two processes in divorce.

The emotional process can be broken down into 5 stages: Denial, Anger, Bargaining, Depression, and Acceptance.

Can I do my own divorce? ›

Decide who should apply

You can apply for a divorce or dissolution on your own or with your partner. If you do it on your own it's called a sole application. If you do it with your partner it's called a joint application.

How do I submit my divorce notice? ›

Since there is no fixed procedure to send a legal notice for divorce, it can be sent either through registered post or can be personally tendered to the husband/wife. Either of the spouses is expected to acknowledge the receipt of the legal divorce notice.

What is proof of divorce in India? ›

The divorce documents required in the case of mutual consent divorce are mentioned. Address proof of husband. Address proof of wife. Marriage certificate of the spouse. Four passport-size photographs of the marriage of both the husband and wife.

Is there any divorce certificate in India? ›

The court will not issue divorce certificate. It will called as Decree only. 2. Once the decree of divorce is passed then, that person can go for re-marry.

How can I get original divorce decree in India? ›

You can contact the lawyer who represented you in the divorce proceedings in India, and ask him to obtain a certified copy of the judgment and decree. If you know the case number and court number as and name than can be easily obtain online or I can arrange court order certificate for you.

Is one sided divorce possible? ›

If the wife is not ready for mutual divorce you can go for one sided divorce on cruelity basis. It will be filed under section 13 l i(a)of HMA. Also there are various other basis in HMA that you can opt for filing of one sided divorce.

What is the time period for mutual divorce? ›

(iii) The period of six to eighteen months time is given in divorce by mutual consent as to give time and opportunity to the parties to reflect on their move and seek advice from relations and friends. Mutual consent should continue till the divorce decree is passed.

What is first motion in mutual divorce? ›

First motion is join petition filed by the couple when they want to get mutual divorce, and after 6 months they will have to file second motion but now that can be waived as per supreme Court's judgement. Other pending cases will be withdrawn as per the settled terms between you.

Is 1 year separation mandatory for divorce? ›

For filing divorce case one separation period is not mandatory but one year is mandatory if both you want to file mutual divorce petition. If you alone want to file divorce petition 1 year separation is not mandatory, you can claim permanent alimony and maintenance for you and your child.

Who pays for a divorce? ›

There appears to be a myth that the person being divorced (known as the Respondent) always pays the fees for a divorce, when in reality this is not the case in the majority of divorce cases. The person filing for the divorce (known as the Applicant) will always pay the divorce filing fee.

How much alimony can a wife get? ›

If the alimony is being paid in the form of monthly payments, the Supreme Court of India has set 25% of the net monthly salary that should be granted to the wife by the husband. In case, the alimony is being paid in the form of a lump-sum amount, it usually ranges between 1/5th to 1/3rd of the husband's total worth.

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