FAQ's

Find answers to some of the most common questions related to Divorce in India

Frequently Asked Questions

01. How much time does it take to complete the Mutual Divorce proceedings?

The usual time to complete the proceedings is 6 months starting from the day of filing the case (first motion). However, after the Hon’ble Supreme Court’s judgment in September 2017, this six months period can be waived off after 1 week of filing the case (first motion) and the discretion to waive off lies with the family judge. So the second and final motion can happen any time after 1 week of filing the case (first motion).

02. How to apply Mutual Divorce Online in India?

The first step towards applying a Mutual Divorce Online is to fill-out the Online Divorce Form. The moment we receive your request for Mutual Divorce, a dedicated Family Lawyer gets assigned to you in order to begin the divorce process and to ensure that all your doubts & questions are well answered. For more information, read our complete guide for mutual divorce in India.

03. How much does Mutual Divorce cost in India?

Divorce by Mutual Consent is the most preferred way to get legally separated in India. In order to make the entire divorce process quick and hassle-free, it is important to hire an experienced divorce lawyer. Our Law Firm charge a fee of ₹40,000 only (inclusive of everything) for the entire divorce process.

04. What will happen if one of the parties changes their mind before the case is finally disposed of (second motion)?

In this case the proceedings will be stalled. The only recourse available to the other party is to file a one-sided case else just wait for the other party to agree for mutual divorce.

05. What will happen if one of the parties changes their mind before the case is finally disposed of (second motion)?

In this case nothing can be done as no appeal lies after the divorce is granted on mutual consent

01. What are the grounds on which one party can seek Contested divorce?

High level grounds for seeking divorce under Hindu Marriage Act, 1955 are as under:-

  • Adultery
  • Cruelty
  • Desertion
  • Conversion to another religion
  • Unsoundness of mind or mental disorder
  • Virulent and Incurable form of leprosy
  • Venereal disease
  • Leprosy
  • Renunciation
  • Desertion
  • Not heard alive for a period of seven years or more
  • No Resumption of Co-habitation

Beside above, there are few additional grounds for divorce available only to wives. One of them is that the husband has been guilty of rape, sodomy or bestiality.

02. How to Proceed when you've decided to file a Contested Divorce Petition?

Below are the high level steps involved in a divorce litigation:

  • Discuss the ground(s) on which you seek divorce, with your lawyer. Apprise your lawyer with all the relevant facts.
  • Based on your discussion with your lawyer, your case will be drafted.
  • The case is then filed in appropriate Family Court.
  • Upon filing case, the matter is listed in the Court for consideration. If Court is satisfied with the case file, Court issues notice/summons to other party.
  • Upon receiving notice/summons, opposite party will have to file reply. If the opposite party despite service of notice/summons does not appear before the Court, then Court may proceed in the matter in the absence of other party.
  • Issues are framed by the Family Court. Issues basically mean point of adjudication by the Court and on which parties have to give their respective evidence.
03. How much Fees is charged in Contested divorce?

The quantum of fees depends on the facts and circumstances of each case in one-sided divorce.

04. What are the legislations through with Divorce is granted?

Following is the list of various divorce laws for different religion in India:

  • Hindu (including Sikhs, Jains and Buddists) :Hindu Marriage Act, 1955
  • Muslims :Dissolution of Muslim Marriages Act, 1939
  • Christians :Indian Divorce Act, 1869
  • Parsis :The Parsi Marriage and Divorce Act, 1936
  • For all religions :Special Marriage Act, 1954
01. Under which Acts one can apply for Maintenance?

One can apply for maintenance under following Sections:

  • Section 25 of Hindu Marriage Act, 1955
  • Section 18 of the Hindu Adoptions and Maintenance Act, 1956
  • Section 125 of the Code of Criminal Procedure, 1973
  • Section 20 of The Protection of Women from Domestic Violence Act, 2005
02. How much time does it take to get the Maintenance?

There is no definite time period in which Maintenance can be granted. However, one can expect interim Maintenance to be granted/rejected in few months. Interim Maintenance is the Maintenance amount granted till the time legal proceedings are over.

03. Can a Party who is Earning get Maintenance?

Yes, if your spouse earns more than you then you may get the Maintenance

04. Can one file a Maintenace case without filing a Divorce case?

Yes, Maintenance case can be filed while you’re married.

05. Can Maintenance be claimed in an Unregistered Marriage in India?

Yes, maintenance can be claimed in unregistered as well as registered marriage under the provisions of Indian Law.

01. What kind of reliefs can one get through this act?

Protection of Women from Domestic Violence Act, 2005, popularly called as Domestic Violence Law or DV provides variety of rights to women victim of Domestic Violence. Such rights include:

  • Claim of monetary relief,
  • Rights to residence,
  • Compensation for domestic violence,
  • Protection order, and
  • Child custody; amongst other reliefs.

Domestic violence Act has come into force with objective of expeditious disposal of the claim of women who are victim of domestic violence. Domestic violence complaint is filed in the Court of Magistrate who is empowered to pass ex-parte orders. Domestic violence has come in to force with objective of providing economic justice and independence to women victim of domestic violence.

02. How this act provides "Right to Residence"?

Domestic violence law specifically provides the right to residence. Right to residence includes in living in the shared house hold irrespective of fact whether wife has right, title or interest over the property/residence. This specific provision is inserted in Domestic Violence law to arrest the menace of abandoning the woman and children, if any, without roof and shelter in case of matrimonial disputes. DV Act also provides for alternate accommodation.

Hence, law cast a mandate on the husband to provide residence to the wife. Such residence can be shared house hold where husband and wife lived together and made such house as their matrimonial house. Alternatively, law mandates husband to provide alternate residence comparable to the one previously enjoyed by the wife while living together.

03. How to start proceedings in filing Domestic Violence case?

Case under domestic violence law is initiated by filing a complaint detailing all events of domestic violence before the Court of magistrate. Such complaint is generally accompanied by interim application. Magistrate trying the complaint is empowered to execute summons of the case through protection officer or by the concerned police station.

In dire case requiring urgent relief, court has power to grant ex-parte order (order in the absence of the other party). For example, wife is abandoned by the husband and she is in immediate danger of loss of roof over her head. She can approach to the Court for directions that she may not be evicted from the house rather she should be allowed to stay in the shared house hold or matrimonial home. Court under such grave circumstances is competent to pass ex-parte order restraining the husband or any other family member from dispossessing her from the shared house hold or matrimonial home.

Another important feature of Domestic violence law is that relief can be claimed not only against husband but also against in laws.

04. Can Domestic Violence complaint be filed against Women?

Earlier there were views the domestic violence complaint cannot be filed against women. Rationale behind such views was that Domestic violence is for the protection of women. However, this controversy is set to rest by a decision of Hon’ble High Court of Delhi. Hence, complaint for domestic violence is maintainable against female or women.

05. Can Domestic Violence complaint be filed only by Wives?

Scope of law is further widened wherein it is clarified that not only wife but any other female living in domestic relationship can seek remedy. Thus, sister or mother can claim relief against son or father and/or brother for the relief.

Domestic violence law for the first time recognizes existence of legal rights to female who are not married to claim monetary relief, residence, compensation etc from her partner. In other words, women living as “live in relationship” has given benefits, protection, right and claim under domestic violence law.

06. How much time does it take to get relief under this act?

There is no definite time period in which relief can be assured to be granted. However, one can expect interim or ex-parte relief to be granted/rejected in few months. Interim relief is the relief granted till the time legal proceedings are over. Ex-parte relief is the relief given in the absence of the opposite party.

01. Who gets the custody of the child in Mutual Divorce cases?

In Mutual Divorce cases, it’s the parents who decide about the custody of the child. Whatever their decision is, the court will have no objection as long as both the parents agree to that.

02. If the parents do not agree on the custody of the child, then what happens?

In that case, the decision regarding child custody is decided by the court.

03. Who can file a case for Child Custody?

If the husband and wife are living separately and the child resides with one party, then the other party can file a case for child custody.

04. What is the relevance of the age of the child?

The custody of the child is in question only till they attain the age of majority (18). The opinion of a child in deciding the custody is generally relevant when the child is at least nine years old. However, even if the child is less than nine years old the concerned family judge does listen to the child’s preferences.

05. Is it true that a mother usually gets custody of the child?

It’s not the complete truth. For children below 5 years, the general perception is that it’s in the best interest of the child to stay with the mother but if the father is able to prove that he is a better parent, then even he can get custody.

The Hon’ble Supreme Court has held that ‘the first and paramount consideration is the welfare and interest of the child and not the rights of the parents’

01. What is Marriage Counselling?

Marriage counselling is a type of psychotherapy which helps couples to recognize and resolve conflicts and improve their relationships. Through marriage counselling, you can make thoughtful decisions about rebuilding and strengthening your relationship or going your separate ways.

02. Why is Marriage Counselling important?

If you are facing issues in your marriage, then it is always advisable to first try to resolve the issues on your own or with the help of your family member. But if the issues still persist, then going to a professional marriage counsellor is always advisable. Couples these days make very hasty decisions in ending the marriage only to regret later so before making the decision to end the marriage legally, it makes sense to try a marriage counselling.

03. What if Marriage counselling by family members and/or by professional marriage counsellors fail

All the marriages are not made in heaven so it’s time to accept the bitter truth and move on with life. Divorce doesn’t mean the end of life. In fact, it can really open up new ventures if you are ready to embrace the change.

If you do not find the answer to your question listed within our FAQ's, you can always contact us directly at mutualdivorceonline@gmail.com
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