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  • What are the grounds of divorce in India?
    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.
  • Can I divorce my wife without her consent?
    Yes, it is possible and allowed under Indian law to file a petition for divorce without the consent of wife.
  • How long do you have to be separated for a divorce in India?
    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.
  • Can I file for divorce without coming back to India?
    Yes.
  • How many times to I have to attend the court in Divorce by mutual consent?
    Twice in divorce by mutual consent.
  • Can I seek maintenance from my husband / wife in divorce proceedings?
    Yes. Section 24 Hindu Marriage Act, 1955 provides maintenance pendent lite and expenses of proceedings.
  • Can I seek custody of children in divorce proceedings?
    Yes. Section 26 Hindu Marriage Act, 1955 empowers the Court hearing petition for Divorce to deal with the custody issues.
  • What is judicial separation?
    Judicial Separation is defined in Section 10 Hindu Marriage Act, 1955.
  • What is annulment of marriage?
    Section 11 and 12 Hindu Marriage Act, 1955 explain the circumstances in which the marriage between the parties can by declared Null and Void.
  • How can I seek custody of my children?
    Either of the parent / guardian can seek the custody of the child under The Hindu Minority and Guardianship Act, 1956.
  • Can I get the divorce petition transferred to my preferred location?
    Yes. However, the power lies with High Court and Supreme Court.

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