Divorce Notice: How to file Divorce in India

• Divorce procedure
• Types of divorce in India
• Laws under which divorce is filed
• Party do not want to proceed for divorce

Divorce procedure is governed by various laws/Acts prevalent in India. Divorce in India can be initiated by any of the party as per the grounds provided under the relevant laws prevalent in India. Generally among Hindus, Buddhists, Sikhs and Jains, Divorce is governed by the Hindu Marriage Act, 1955, for Muslims by the Dissolution of Muslim Marriages Act, 1939, for Parsis by the Parsi Marriage and Divorce Act, 1936 and for Christians it is governed by the Indian Divorce Act, 1869.

• Divorce by Mutual Consent
• Divorce not out of Mutual Consent such as due to Cruelty, Adultery, Desertion, Conversion, Mental Disorder, Communicable Disease, Renunciation of World, Presumption of Death etc.

• End to end services for divorce,
• We have expertise in preparing to file divorce notice and petition including drafting of the same
• We will get in touch with you renounced lawyers in this field.
• Free consultation for any enquiry that you may have about divorce.
• Legal notice and Petition will be drafted by us and be duly submitted in the court.
• We shall inform you of the date and time when your physical appearance will be required in court, if any.
• We will inform you about day to day proceedings in the matter.
• You will get your divorce done without any hassles.

*Any fee, stamp duty and miscellaneous charges shall be payable extra.

Do contact us in case of any query related divorce and much more. To avail any of the above-stated services, kindly establish contact by posting a query at our site.

• Section 13B of the Hindu Marriage Act, 1955 (applicable to all Hindus, Jains, Sikhs) mandates a period of separation of 1 year ,
• Section 28 of the Special Marriage Act, 1954 ( applicable to all marriages between parties belonging to different religions, castes, NRI’s etc) mandates a period of separation of more than one year,
• Section 10 A of the Indian Divorce Act for Christian Couples mandates a period of separation of two years.

• Both husband and wife have to reach a consensus in terms of mutual divorce.
• As per the discussion between the parties, a Divorcee Petition is carefully drafted by a Legal Attorney for Mutual Consent under Section 13B of the Hindu Marriage Act or Section 10A of the Indian Divorce Act or Section 28 of the Special Marriage Act, as per its applicability
• After completion of Drafting and other necessary formalities, Divorce Petition to be filed in the appropriate Court having jurisdiction.
• Both the parties need to be present in the court for appearance as well as for recording statements as required after which the First Motion will be passed.
• Where any party is unable to appear in person for recording statement due to any relevant reason, they can proceed through a Power of Attorney (POA) by authorizing someone from close family to appear on his behalf (in case of NRI or other reason)
• The law provides the provision to provide a cooling period to the parties of a minimum 6 months which may extend up to 18 months with an aim to give them time to rethink and reconsider their decision. However, now vide the order of Hon’ble Supreme Court the said cooling period has been waived off/made it optional.
• Afterward this The Second Motion is set up.
• During the cooling period, before moving the second motion, the parties do have liberty to withdraw their consent for divorce.
• If on the Second motion statements are recorded again and if court thinks/appears that the parties have been unable to resolve their differences, the Court will grant the Decree for Divorce
• If the court consider that/or on request of parties that there is a scope of any harmony/compromise between the parties, the court may set up another motion to record the statement of the parties
• If Divorce Decree has been passed with consent of both the parties then they can file an appeal in the higher court.

• End to end services for divorce.
• We have expertise in preparing to file divorce petition including drafting of the same.
• We will get in touch with you renounced lawyers in this field.
• Free consultation for any enquiry that you may have about divorce
• Petition will be drafted by us and be duly submitted in the court.
• We shall inform you of the date and time when your physical appearance will be required in court, if any.
• We will inform you about day to day proceedings in the matter.
• You will get your divorce done without any hassles.

*Any fee, stamp duty and miscellaneous charges shall be payable extra.

Do contact us in case of any query related divorce and much more. To avail any of the above-stated services, kindly establish contact by posting a query at our site.

• Both the parties have been living separately for a period of at least one year (living separately has no connection with respect to living under safe roof)
• Both the parties have not been able to live together, and
• Both the parties have mutually agreed to the conclusion that marriage should be dissolve

• Both husband and wife have to reach a consensus in terms of mutual divorce.
• As per the discussion between the parties, a Divorcee Petition is carefully drafted by a Legal Attorney for Mutual Consent under Section 13B of the Hindu Marriage Act or Section 10A of the Indian Divorce Act or Section 28 of the Special Marriage Act, as per its applicability.
• After completion of Drafting and other necessary formalities, Divorce Petition to be filed in the appropriate Court having jurisdiction.
• Both the parties need to be present in the court for appearance as well as for recording statements as required after which the First Motion will be passed.
• Where any party is unable to appear in person for recording statement due to any relevant reason, they can proceed through a Power of Attorney(POA) by authorizing someone from close family to appear on his behalf (in case of NRI or other reason)
• The law provides the provision to provide a cooling period to the parties of a minimum 6 months which may extend up to 18 months with an aim to give them time to rethink and reconsider their decision. However, now vide the order of Hon’ble Supreme Court the said cooling period has been waivedoff/made it optional.
• Afterward this The Second Motion is set up.
• During the cooling period, before moving the second motion, the parties do have liberty to withdraw their consent for divorce.
• If on the Second motion statements are recorded again and if court thinks/appears that the parties have been unable to resolve their differences, the Court will grant the Decree for Divorce.
• If the court consider that/or on request of parties that there is a scope of any harmony/compromise between the parties, the court may set up another motion to record the statement of the parties.
• If Divorce Decree has been passed with consent of both the parties then they can file an appeal in the higher court.

• where the marriage was solemnized between the parties, or
• where both wife and husband last resided together,or
• where the wife is residing presently at the time of filing of the Divorce Petition, or
• Where the husband is residing presently at the time of filing of the Divorce Petition.

• My wife doesn't want the divorce. What if she won't sign the divorce papers?

  You can get a divorce even if your wife does not want it. You can mention in the petition about the issues between the parties and that your marriage has been going through an irretrievable breakdown and it is not possible to fix o resolve the issue.

• My husband filed for divorce petition, but I do not want a divorce. What can I do?

  You really cannot stop the divorce proceedings but you can ask court to direct for counseling for you and your spouse.

• I got married 7 months before and want to file divorce. Is it possible?

  No, one can file divorce only after completion of 1 year of marriage on the basis of grounds mentioned in Section 13 of Hindu Marriage act.

• What can I do if I am married for 3 months and my husband physically assaults me?

  You can file divorce only after completion of 1 year but you can approach local family court for annulment of marriage on basis of cruelty

• I lives in Canada and cannot come to india for filing divorce. So can I apply for divorce online?

  No, there is no provision to file divorce through online medium. Although you can execute POA in favour of your family member or attorney who is present in India

• My husband deserted me 3 years ago and has never come back. Can I file divorce??

  Yes, you can file divorce on basis of desertion and if you have not heard about person from last 7 years.

• How much time it takes to get divorce in case of mutual consent?

  In case of contested divorce, it taken long time generally 3-5 years but in case of uncontested one, it takes around 7-8 months.

• Why to get divorce through lawyerinc?

  Lawyerinc is a complete blend of professionals from across the globe. In –house team of lawyers and attorneys, CA, CS. All professional work together in Lawyerinc, providing you end to end solution. It guarantees delivery in the shortest and most reasonable rate in India. It enjoys a global presence