1. Applying for Divorce
When can I file for divorce?
You can file for divorce only after completing one year of marriage under the Hindu Marriage Act. In exceptional cases, the court may allow an annulment (cancellation) of marriage.
I have been married for 5 months. Can I file for divorce?
No, you must complete one year of marriage before filing for divorce. However, you may apply for an annulment under special grounds such as:
- Adultery
- Cruelty
- Desertion
- Renunciation
- Not heard from for 7 years
- Conversion
- Mental disorder
- Venereal diseases
- Leprosy
Where can I file for divorce?
You can file for divorce in a district family court at one of the following locations:
- Where your marriage took place
- Where you last lived with your spouse
- Where your spouse currently resides
Can I file for divorce online?
No, there is no provision for online divorce applications. You must file your petition in person at the district family court.
Can I get a divorce on stamp paper?
No, divorce cannot be obtained through stamp paper agreements. You must file a divorce petition in court.
Can I file for divorce on behalf of someone else?
No, only the husband or wife can file for divorce. If someone else applies on their behalf, the petition will be rejected by the court.
On what grounds can I file for divorce?
A divorce can be filed on the following grounds:
- Adultery
- Cruelty
- Desertion
- Renunciation
- Not heard alive for 7 years
- Conversion
- Mental disorder
- Venereal diseases
- Leprosy
Is marriage registration necessary for filing a divorce?
No, marriage registration is not mandatory for filing a divorce, but having a marriage certificate strengthens your case.
How long does it take to get a divorce?
- Mutual consent divorce: 6-8 months
- Contested divorce (one spouse does not agree): 3-5 years
What can I do if my spouse is not willing to give me a divorce?
You can file for a contested divorce in the district family court. If the court accepts your petition, your spouse will be legally required to participate in the proceedings.
2. Mutual Consent Divorce
What is mutual consent divorce?
Mutual consent divorce occurs when both spouses agree on:
- Maintenance of wife and children
- Child custody
- Division of debt
- Separation of joint property
Can I claim maintenance after mutual consent divorce?
Maintenance is based on the agreement between both parties. If not included in the divorce terms, you cannot claim it later.
What terms should be decided in mutual consent divorce?
- Maintenance amount
- Custody of children
- Division of debt (if any)
- Separation of joint property
My spouse is not appearing for the second motion of mutual divorce. What can I do?
If your spouse does not appear for the second motion, the court may dismiss the divorce petition. However, you can request a postponement. If your spouse still refuses, you will have to file for a contested divorce.
Do I need to be present for divorce proceedings?
Yes, both spouses must appear in court.
- Contested divorce: If you do not appear, the court may grant an ex-parte divorce based on the other spouse’s claims.
- Mutual consent divorce: If either party is absent, the court may dismiss the petition.
3. Challenging Divorce Proceedings
What should I do if my spouse is not living with me?
If your spouse has left without reason, you can file for Restitution of Conjugal Rights in court, requesting them to return.
How can I get a stay order on my divorce decree?
You must apply to the High Court, stating reasons for postponing the divorce proceedings. There are two types of stay orders:
- Temporary stay (during proceedings)
- Permanent stay (after divorce is finalized)
How can I stop my divorce?
- If your spouse has filed for divorce, you can convince them to withdraw it.
- If they refuse, hire an experienced lawyer to challenge the case.
Can I stop my wife from obtaining a stay order on the divorce decree?
If your spouse tries to delay the divorce with a stay order, you can file a Caveat (warning petition) in the High Court to prevent it.
What if my spouse does not follow the court order after divorce?
If your spouse does not comply with the court’s decree (e.g., child custody, property division), you can request the court to seize and sell their assets under Order 21 Rule 32 CPC.
On what grounds can my divorce petition be rejected?
Your petition may be rejected if:
- It does not meet the legal grounds for divorce under Section 13 of the Hindu Marriage Act.
- It is filed before completing one year of marriage.
- It is filed in the wrong jurisdiction.
4. Divorce & Maintenance During Proceedings
Will my husband get a share of my Stridhan after divorce?
No, Stridhan (gifts received at marriage) belongs solely to the wife.
What can I do if my mother-in-law refuses to return my Stridhan?
You can file a criminal complaint under Section 406 IPC (criminal breach of trust). The police will take action.
I bought a house but registered it in my husband’s name. What can I do?
If the house is in his name, he is the legal owner. However, you can claim ownership by providing proof that you paid for it.
When can the court order division of property?
The court can divide jointly owned property but cannot divide personal earnings or inherited property.
5. Divorce Under Special Cases
My wife is Muslim, and I am Hindu. How can I file for divorce?
Your marriage falls under the Special Marriage Act. You must file a divorce petition in court based on grounds like adultery, cruelty, desertion, or mental incapacity.
We are a Christian couple. How can we get a divorce?
Christians file for divorce under Section 37 of the Indian Divorce Act. You can opt for mutual consent or contested divorce in a district family court.
I am married to an NRI. Where can I file for divorce?
You can file in:
- A foreign court (if both agree)
- A district family court in India, at:
- Your last residence in India
- Your place of marriage
- Your spouse’s residence in India
How can I get a divorce if my husband is missing?
If your spouse has been missing for 7 years, you can file for presumption of death and request a divorce.
Can I remarry without getting divorced?
No. You must legally divorce your spouse before remarrying. Otherwise, it will be considered bigamy, which is a punishable offense.
