How to get one sided divorce in India or overseas? - FREE LEGAL ADVICE (2024)

FAQs

Is it possible to take one sided divorce in India? ›

Under the Hindu Marriage Act of 1955 and the Special Marriage Act of 1954, one-sided divorce can be sought on the following grounds: Cruelty: Physical or mental abuse inflicted by one spouse on the other.

Juridical Separation

The husband or wife can obtain a decree of judicial separation; on the ground of adultery or cruelty or desertion without reasonable excuse for two years, or more and such decree will have the effect of divorce under the Indian Divorce Act.

The consent divorce process in India typically takes several months to complete. Parties must file a joint petition, attend counseling sessions, and obtain the court's approval. It is possible to get a divorce without going to court, but certain legal procedures must be followed.

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.

Indian law has made separate conventions where if one couple wants to live separately without filing for divorce, they can do so. This is called judicial separation in the legal terms. It has been mentioned under section 10 of the Hindu Marriage Law.

If both of you are living separately for the period of 2 years and there is no scope of any kind of cohabitation then you can always apply for divorce in the family court according to your jurisdiction. But if you want to stay with her then you need to file a petition u/s 9 to call back your partner.

The cost of a contested divorce in India can range from INR 1 lakh to INR 5 lakhs, depending on the complexity of the case, the need for experts, and the duration of the trial.

Section 13B of the Hindu Marriage Act, 1955, essentially deals with Hindu marriages and divorces in India. After the recent amendment of Section 13B, no fault divorce was introduced. The amended Section allows divorce mutually when both parties agree to end the wedlock without mentioning a fault.

Jurisdiction and Eligibility:

NRIs need to determine the appropriate jurisdiction for filing the divorce petition in India. It's usually the place where the marriage took place or where the spouses last resided together.

Can I get divorce without lawyer in India? ›

Yes, it is possible for a person to file for divorce without a lawyer in India.

Provided that the court believes the other spouse has had notice of the legal action and opportunity to respond, the court can move forward and dissolve the marriage. When this occurs, the court will grant the divorce based on terms outlined in the initial petition for divorce.

20,000 to Rs. 50,000. For contested divorces, fees can be significantly higher, starting from Rs. 50,000 and potentially reaching several lakhs depending on the duration and complexity of the case.

As per law, a divorce based on mutual terms is the simplest and easiest way to get separated legally. The parties agree on each other's terms and conditions to take legal action on this matter and finalize it. It helps in minimizing the extra time, effort, and money that is way less than a contested divorce.

Is a contested divorce decree obtained from foriegn court valid in India? By default it's valid but the opposite party can file a case in Indian courts to get that decree invalidated.

When the wife denies giving a divorce, then a contested divorce is filed via a divorce lawyer. Filing a contested divorce can be more mentally exhausting as compared to a mutual divorce. Divorce can be mutual or contested. If the wife denies giving divorce, then it falls under contested divorce.

One can even seek Divorce when the other party is not willing to give a divorce. This is a Contested Divorce and a petition for the same can be filed in the Court having appropriate jurisdiction. Thus, you do not need the consent of your spouse to file a Divorce Petition in the appropriate Court.

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. In case of a contested divorce, 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.

What are the rules for mutual divorce? The rules for mutual divorce in India involve both spouses consenting to end their marriage and agreeing on terms such as division of assets, alimony, and child custody (if applicable).