There are ideally two types of divorces. One is a mutual consent divorce wherein both the parties agree for a divorce and can together file for divorce. Other is a contested divorce where one spouse can file for divorce against the other. Easy Divorces is one of the best Lawyer for Divorce in Andheri.
On what grounds can I file for divorce?
Divorce can be filed on multiple grounds under various sections and personal laws:
- Section 13 of the Hindu Marriage Act, 1955 provides for the dissolution of the marriage or divorce, for which either spouse can file an application before the appropriate court for granting a decree. The grounds which are available under the provision are adultery, cruelty, desertion for a continuous period of not less than two years, conversion to other religion, unsoundness of mind, venereal disease/ leprosy, renouncing of the world by entering into a religious order, has not been heard alive for a period of seven years or more, etc.
- Section 10 of the Indian Divorce Act, 1869 and Section 27 of the Special Marriage Act, 1954, state that a spouse can file for divorce if the other spouse has committed adultery, has committed cruelty, has ceased to be Christian by conversion, is suffering from an incurable unsound mind for a continuous period of two years, is suffering from a virulent and incurable form of leprosy for a continuous period of two years or is suffering from venereal disease of a communicable form for a continuous period of two years, he/ she has not been heard alive for a period of seven years or more, has refused to wilfully consummate the marriage, where the husband is guilty of rape, sodomy or bestiality, etc.
- Under the Muslim Personal Laws, divorce can be sought through Talaq-ul-sunnat, Talaq-ul-Biddat, Talaq-i-tafweez for the husband and through Khula, Ila and Zihar for the wife.
Can I file for divorce immediately after marriage?
Where can I file for divorce?
A divorce petition must be filed before the family court in one’s jurisdiction. Only through a family court can a valid divorce petition be filed and proceeded with. For more details contact Lawyer for Divorce in Andheri.
What are the relief available for me when I file for divorce?
Can I include my spouse’s extra-marital partner as a party to divorce?
If I have a child, how can I protect their interests through a divorce petition?
A child’s interest can be protected by seeking maintenance for them through the petition, asking for custody/ visitation and access rights and seeking counselling of the child as well in order to enable him to cope with the separation of his parents. Know more on
If I want to prevent my divorce, what are the remedies available for me?
How long does it take for a divorce to be granted?
While a mutual consent divorce may take only 6 months, a contested divorce is subject to the case.
If my spouse files divorce on false grounds, what are the remedies available for me?
The burden to proof lies on the person making the divorce petition to prove the grounds for divorce. In the event she/ he fails the other spouse can either file for divorce themselves on the grounds of cruelty that was caused to them by the said petition. Or alternatively file civil/ criminal proceedings for defamation and cruelty caused by the false petition. Find Lawyer for Divorce in Andheri.
