FAQ

When someone passes away without having made a will, various types of confusions and strives among his or her family members regarding the entire ownership or a particular piece of the property. 

Will is a legal declaration made by a testator regarding his property. It’s a testamentary document that clarifies and entitles someone to own his property after his death.

Under Section 14 of the Hindu Marriage Act, 1955, no petition for divorce can be filed under any circumstance if the marriage has not completed 1 year of time span. But in abnormal or exceptional circumstances, The High Court is empowered to allow the concerned person to file a case before completion of one year.

 

No maximum time limit can be framed in case of contested divorce as it depends upon so many factors. In a country like India where countless cases are in the row, no hurry can be expected similarly in the divorces cases also. Some cases take even more than 10 years.

Adultery, Cruelty, Desertion, Conversion, Mental Disorder, Leprosy, Venereal Disease, Renunciation, Not Heard Alive and No Resumption of Co-habitation are the primary grounds on which the divorce case can be filed.

If it’s a case of divorce by mutual consent, it is necessary for both the partners to appear in the court for the recording of their statements. In some rare cases, when the attendee is out of country or seriously diseased, the court of law allows his/her power or attorney for representation in the court but it depends only upon the discretion of court.

As far as the attendance in the court is concerned, it depends upon so many legal factors. It includes the way in which the divorced is sought after. Nevertheless, minimum of two attendances are expected.

As the name suggests, you will have to contest it. Indian laws in general recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind (of Incurable form), Impotency, renouncing the world, etc. Aggrieved party has to take one of the above grounds of divorce and will have to file the case in the Court of appropriate jurisdiction.

The party which files the case has to prove the case with support of ample evidences and documents. On successfully proving the case, divorce will be granted and divorce decree will be drawn up accordingly. The Court’s formal order in the end is known as the ‘decree’. After this either party may appeal in the High Court and then finally the Supreme Court. Normally the process in the Family Court would take anywhere between 2-3 years if contested vigorously.

Seeking a divorce in India is a long-drawn legal affair but the time and money required to obtain a divorce can considerably be shortened if the couple seeks divorce by mutual consent. In mutual divorce, estranged spouses can mutually agree to a settlement and file for a “no-fault divorce” under Section 13B of the Hindu Marriage Act 1955.

All marriages which have been solemnized before or after the Marriage Laws (Amendment) Act 1976 are entitled to make use of the provision of divorce by mutual consent. However, for filing for a divorce on this ground, it is necessary for the husband and wife to have lived separately for at least a year. 

A "ground" for divorce is a "reason" for divorce. A set of judicially recognized reasons for divorce .You must use one or more of these reasons to justify your divorce.

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