FAQs

Divorce can be obtained from the Court of competent Jurisdiction in two ways. First being the Divorce by mutual consent and second being the Contested Divorce.

When the Husband and the Wife both are ready for a Divorce and file a joint petition in the court of appropriate jurisdiction to obtain a Divorce Decree than such is called Divorce by Mutual Consent.

When either of the Husband or the Wife is not ready for a Divorce than the other spouse willing for a Divorce is required to file a petition in the court of appropriate jurisdiction based on any grounds of the Divorce as mentioned in the personal Laws. Divorce so obtained is called a Contested Divorce.

There is no fixed time limit defined for the purpose of the Divorce and it completely depends upon the circumstances. But it can be expected that Divorce by Mutual Consent takes relatively less time as compared to Contested Divorce.

Fees varies from Advocate to Advocate based on their epertise and experience in the matter. Hence, there cannot be any fixed fees that an Advocate would be expected to charge from the client, as it varies from Advocate to Advocate. But again it can be expected that Fees for Divorce by Mutual Consent will be relatively less time as compared to the Fees for Contested Divorce.

Divorce petition can be filled at the place where marriage was solemnized or at the place where the husband and the wife last resided together or at the place where a respondend resides or if the petitioner is wife than at the place where she is presently residing.

The grounds for divorce are different under different personal laws. Some of the Grounds for obtaining a divorce under Hindu Marriage Act are Cruelty, Adultery, Desertion, Conversion to another religion, incurable unsound mind etc.

As per Hindu Marriage Act, no Divorce petition can be presented before completion of one year of marriage. Hence, even if both husband and wife are ready for a Divorce, a petion for the same cannot be filled before completion of one year of marriage period.

As per recent judgement from Honourable Supreme Court of India, the six months period in case of mutual Divorce can be waived off, if the honourable court is of opinion that such period will only increase the harships of the petitioners.

A Husband and wife married according to the Hindu Marriage Act can obtain a Divorce only through the Court of Competent Jurisdiction. Divorce obtained on stamp paper/Divorce Agreement/Customary Divorce etc are not acceptable. However, there are some Judgements of Honourable Gujarat High Court where customary Divorce has been recognised for certain sector of the society.

If the working wife is not able to maintain herself with the status in which she was living with her husband during her married life, than she is eligible to get the maitenance from her husband.

There is no fixed formula based on which the maintenance is passed by the Honourable Court. Amount of monthly maitenance is decided by Honourable Court based on many factors such as liabilities of the husband, number of dependent family members on the husband, age of marriage etc. Considering all this factors, a monthly maitenance amount will be passed.

Under Section 125 of CrPC, Honourable Court will order the Husband to pay a monthly maintenance/alimony as it may deem fit based on the facts of the case. The said amount includes Daily expenses, Housing expenses, Medical expenses etc and no further separate amount shall be payable by the Husband.

No, wife cannot ask for monthly maintenance if she has accepted an one time settlement amount. However, in such cases it is to be ascertained that one condition of "renouncing all her maitenance rights under all the laws" is mentioned in the mutual Divorce petetion and also it should be requested to the Honourable Court to mention the same while passing the divorce decree.

The husband is liable to pay the maintenance amount till the life time of the wife or till the wife gets remarried.

Yes. Minor Children whose custody is with the wife are elgible to claim maintenance from their father. In such cases the mother of the children can act as their gurdian and file a petition under Section 125 of CrPC for claiming the maintenance from her husband. Also, it is pertinent to note that Honourable Court will order the husband to pay the maintenance only till the time, the children attains the age of 18 years.

Yes. If there is substantial change in the circumstances than the maintenance amount passed under Section 125 of CrPC can be increased or decreased. For this an application under Section 127 of CrPC may be made to the Court of Competent Jurisdiction.

If the husband is not paying the maintenance amount passed under Section 125 of CrpC, than wife can make an application to the Court under Section 125 Sub Section 3 of the CrPC.

Yes. The husband can be sent to the imprisonment by the Court if he, without sufficient cause, fails to comply with the order of maitntenance passed by the Court.

A wife living in adultery or who has left the company of the husband without valid reason or who is living seperately from her husband with mutual consent or if she has remarried than in such cases the maintenance to a wife is rejected.

A complaint can be filled to the competent Court or complaint can be filled to the Protection Office under Protection of Women from the DOmestic Violence Act 2005.

Protection of Women from Domestic Violence Act 2005 does not bar a victim from filling such old incident. Hence, complaint may be made an it may be left on the Honourable Court to decide about the same.

An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under The Protection of Women from the Domestic Violence Act 2005.

The complaint about the Domestic Violence can be made against a person who is in the domestic relationship with the agrrieved person

As per the definition of Domestic Violence provided under Section 3 of the Act, Verbal and emotional abuse is also a sort of Violence and hence same is covered under the Act.

As per the definition of Domestic Violence provided under Section 3 of the Act, Sexual abuse is also a sort of Violence and hence same is covered under the Act.

As per the definition of Domestic Violence provided under Section 3 of the Act, Economic abuse is also a sort of Violence and hence same is covered under the Act.