Question 1

What are the grounds of divorce in India?

Accepted Answer

The legislature has provided various grounds on which either of the spouses could seek divorce from the other party. The grounds of divorce are provided under section 13 Hindu Marriage Act, 1955, section 27 Special Marriage Act, 1954, section 10 of Divorce Act, 1869 (Christian Laws) and section 2 of The Dissolution of Muslim Marriages Act, 1939.

Question 2

Can I divorce my wife without her consent?

Accepted Answer

Yes, it is possible and allowed under Indian law to file a petition for divorce without the consent of wife.

Question 3

How long do you have to be separated for a divorce in India?

Accepted Answer

Section 14 Hindu Marriage Act, 1955 provides that no petition for divorce can be filed within 1st year of marriage. However, in exceptional circumstances, an application for exemption for the same can be filed.

Question 4

Can I file for divorce without coming back to India?

Accepted Answer

Yes.

Question 5

How many times to I have to attend the court in Divorce by mutual consent?

Accepted Answer

Twice in divorce by mutual consent.

Question 6

Can I seek maintenance from my husband / wife in divorce proceedings?

Accepted Answer

Yes. Section 24 Hindu Marriage Act, 1955 provides maintenance pendent lite and expenses of proceedings.

Question 7

Can I seek custody of children in divorce proceedings?

Accepted Answer

Yes. Section 26 Hindu Marriage Act, 1955 empowers the Court hearing petition for Divorce to deal with the custody issues.

Question 8

What is judicial separation?

Accepted Answer

Judicial Separation is defined in Section 10 Hindu Marriage Act, 1955.

Question 9

What is annulment of marriage?

Accepted Answer

Section 11 and 12 Hindu Marriage Act, 1955 explain the circumstances in which the marriage between the parties can by declared Null and Void.

Question 10

How can I seek custody of my children?

Accepted Answer

Either of the parent / guardian can seek the custody of the child under The Hindu Minority and Guardianship Act, 1956.

Question 11

Can I get the divorce petition transferred to my preferred location?

Accepted Answer

Yes. However, the power lies with High Court and Supreme Court.

Estd. 2005

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