How to Get Quick Divorce in India
24×7 free legal advice on steps to get a quick divorce in India within 2 months by Deepak Malhotra Advocate, an expert Divorce Lawyer in Chandigarh, Zirakpur, Mohali India
Quick Divorce Procedure in India
If both husband and wife agree to a quick divorce in India, the following quick divorce procedure is the only solution and quick divorce process in India.
Quick Divorce – Mutual Divorce – Mutual Divorce Process – Mutual Divorce form Agreement:
Both husband and wife have to prepare a mutual compromise agreement to resolve all important issues, given below;
- Amount of permanent/ regular Alimony
- Custody of Child
- Handing over all stridden items like gold, gifts, articles etc.
- Withdrawal of all pending litigation, cases and complaints.
- Quashing of registered F.I.R against husband and in-laws
- Property rights.
- Child safety measures and maintenance.
- One Time Settlement amount.
Procedure for Mutual Divorce in India Petition U/s 13-B
We have to file a joint Petition u/s 13-B of the Hindu Marriage Act. The detailed terms and conditions of the Mutual Consent Divorce Petition are available at Blog of Deepak Malhotra Advocate on mutual consent divorce draft petition.
First Motion Statement of Mutual Divorce:
Both husband and wife have to record their first motion statement in the family court on the first day of mutual consent divorce case. On recording first motion statement, the Honorable Court fix next date of hearing after 6 months
Application seeking condonation of 6 months
After two weeks, we apply seeking condonation of 6 months period, based on past litigation and separation period. Draft copy of the application may be seen and downloaded by clicking on this link.
Second Motion Statement on Mutual Divorce:
If it allows an application, it gives a very short date to record the second motion statement. Second motion statement is the last opportunity to rethink about the final decision of separation.
We need to read this statement, carefully because on signing of this statement, it gives no further opportunity to any of the parties to amend any clause decided in the mutual divorce.
Quick Divorce Decree in few days
After recording second motion, the Honorable Court grant a decree of divorce and it is the only quick divorce procedure in India.
Apply a Certified Copy of Divorce Decree
Once the Honourable Family Court decides, apply 4 to 5 copies of Divorce Decree.
Purpose for applying Certified Copies of Divorce Decree?
They require the Certified copies for various purposes like Change of husband’s name from passport, change of status in Aadhar Card, Gas Connection, removal of name from nomination in the bank accounts, removal of beneficiary from properties, pension benefits, gratuity and Provident Fund benefits.
When a spouse can remarry?
A spouse can remarry with another man or woman on receipt of certified copy of Divorce with Mutual Consent under section 13-B of the Hindu Marriage Act. In case of Divorce under section 13 of Hindu Marriage Act, a spouse has to wait for atleast 90 days.
Consult Best Divorce Lawyers in Chandigarh Zirakpur Mohali & Panchkula?
Free online advice for all law students and others, who are facing problems in filing a petition for mutual consent divorce. Contact Deepak Malhotra, Divorce Lawyer in Chandigarh, or ask for any other civil matters and NRI Legal Services related query from NRI Lawyers in Chandigarh.
See blog by Deepak Malhotra Adv Legal Consultants on Dowry Violence – A guide to section 498a
See blog by Deepak Malhotra Adv, Legal Consultants on Divorce Evidence
See blog by Deepak Malhotra Adv, Legal Consultants on Domestic Violence against a Woman
See blog by Deepak Malhotra Adv, Legal Consultants on Grounds of Divorce–Cruelty, Adultery & desertion
See blog by Deepak Malhotra Adv Legal Consultants on Mutual Divorce & Contested Divorce
Contact Advocate Deepak Malhotra at Chandigarh for a free online session at 9815280500, 9888861666 before deciding or locating the best divorce lawyer in Chandigarh Mohali Zirakpur Panchkula
Frequently asked Google Questions
If the husband has won the case of restitution of conjugal rights but the wife refuses to return can the husband apply for divorce on grounds of willful desertion are there still hurdles to granting divorce when the wife has stayed from her husband for nearly ten years?
Yes, It is a valid ground for divorce, but we need to produce other grounds of divorce along with an authentic pieces of evidences to prove mental cruelty, physical cruelty and desertion. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
If the husband has been discharged in case of 498a IPC whether it is a ground for divorce?
It is a valid ground of mental cruelty. It is important to obtain a closure report of a case or complaint of 498a IPC. We need to show separation of 12 months before filing a divorce.
We further need to produce other grounds of divorce along with an authentic pieces of evidences to prove mental cruelty, physical cruelty and desertion. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
Can husband file for divorce on the grounds of wife’s past life?
It is ground only if she has not disclosed some serious mistakes like paper marriage, panchayat marriage, delivery of a child to her husband before getting married. We may use this ground in filing a case for nullity of marriage rather than filing a divorce case.
We need to show the separation of 12 months before filing a divorce. We further need to produce other grounds of divorce along with an authentic piece of evidence to prove mental cruelty, physical cruelty, and desertion. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce.
Can a single slab be a ground of divorce?
A single act followed by a separation of over 12 months may allow her to file a divorce case u/s 13 of the Hindu Marriage Act. We further need to produce other grounds of divorce along with an authentic piece of evidence to prove mental cruelty, physical cruelty, and desertion. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
Can adultery taken place 30 years ago be the ground for divorce?
Adultery is a perfect ground for divorce. In case of an old case, We further need to produce other grounds of divorce along with an authentic piece of evidence to prove mental cruelty, physical cruelty, and desertion. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
Husband married pretending to be a Govt employee in fact he is unemployed cheated is good ground for divorce?
It is a perfect ground for nullity of marriage if you have sufficient evidence to prove that your husband had pretended as a Govt Employee before marriage. We may file nullity of marriage within 12 months.
After 12 months of marriage, we may file a divorce case based on this ground and other grounds of divorce along with an authentic piece of evidence to prove mental cruelty, physical cruelty, and desertion. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
Can staying in rehab for alcoholism for a long period be a ground for divorce in India?
If a period is over 2 years, then we may consider it as a ground of desertion. We may file a divorce case based on this ground and other grounds of divorce along with an authentic piece of evidence to prove mental cruelty, physical cruelty, and desertion. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
Wrong declaration of age to get married to a young girl, can this be a ground for divorce?
It is a ground for nullity of marriage and for divorce. We may file a divorce case based on this ground and other grounds of divorce along with an authentic piece of evidence to prove mental cruelty, physical cruelty, and desertion. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
Is mental stenosis could be a ground for divorce in India?
Continuous mental stress is ground of divorce only if is a cause of over one year separation, otherwise a complaint of domestic violence can be filed against mental and physical cruelty.
How to take a divorce when the person lives abroad not having an address of him?
1. File a divorce petition under sec 13 of the Hindu Marriage Act
2. Issue summons at the address of her husband’s parents
3. Obtain permission for issuance of summoning on an email or WhatsApp of her husband
4. We may obtain permission for publication of summons
5. Get an ex-parte divorce
6. In addition to this a complaint can be filed with the NRI Cell to register F.I.R against the person staying abroad
7. We may file an application of an Indian Passport of person staying abroad at an unknown place
8. We may file a complaint to an Embassy or Ministry of External Affairs.
After divorce I changed my name to my father name and surname so while writing what should I start with Miss or Ms.?
1. After receiving a decree for divorce, you should write Ms. .
2. In case you have applied for nullity of marriage and obtained decree, you may write Miss because you will get status equivalent to an unmarried girl.
3. We may file a petition for nullity of marriage within a period of 12 months of getting married.
4. We may file a petition for divorce after expiry of 12 months of getting married and by showing a one year separation.
1. It is fundamental right of the respondent/defendant to see evidence provided by the petitioner
2. A complete copy of the petition along with all annexures and exhibits may be obtained on the first day of appearance
3. Certified copies of the evidence provided may be obtained
4. A copy of the evidence affidavit tendered in a case is provided to the respondent/ defendant for further cross-examination.
How to get a divorce in lockdown in India?
We may get a quick divorce during the lockdown in India. We give a detailed guide in a blog of Advocate Deepak Malhotra
In an uncontested divorce, if I got, Can I marry anyone after that
You may marry after an expiry of 90 days on receipt of certified copy of decree for divorce.
Divorce on mutual consent is pending admission from abroad college accepted can it help in a quick divorce?
Yes. We may apply for a condonation of 6 months period. Click to know a complete procedure of quick divorce.
If the wife wants to live separate from the husband’s mother and the husband’s mother is not well and no one is there for care in this case is it easy to get a divorce
It is one of the grounds for a divorce. We may file a divorce case based on this ground and other grounds of divorce along with an authentic piece of evidence to prove mental cruelty, physical cruelty, and desertion. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
Once my contested divorce petition dismissed by the Family Court after six years of trials Meanwhile my wife stayed at her parent’s home now can I file the uncontested divorce petition again in family court in India?
1. Read the judgment carefully
2. Check the reasons for its dismissal.
3. Prepare a new divorce petition with perfect grounds of cruelty and desertion
4. Tender 3-4 evidence affidavits to prove each piece of evidence.
5. Get ready for the contested or uncontested divorce with facts
6. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
Can 2nd petitioner do filing for mutual divorce?
We may file a mutual divorce petition in the presence of both the petitioners or one petitioner and other petitioner family member having a special power of attorney
After divorce, Can I get a mutual divorce copy online?
In view of privacy, a copy of orders are not available online for divorce cases. We may get a certified copy within few days.
Is it possible to have equal custody of a 14-year-old child in a mutual divorce in India?
Make a compromise deed of equal custody arrangement and attach as an exhibit in a mutual consent divorce petition. Click and see the procedure.
Mutual divorce petition format in Hindi & English?
Click on this link to see the mutual consent divorce petition draft in English. We may convert it to Hindi by using google translate.
How can I file divorce in Chandigarh?
1. If you are staying separately for over 12 months from your spouse, you are eligible to file a contested divorce or a mutual divorce.
2. you are having a sufficient piece of evidence to prove mental or physical cruelty, adultery, psychology, disrespect of parents, non-cohabitation for a long period, etc.
3. You have got a clean chit from complaints u/s 498a, 4406, 506, etc.
4. You have signed a compromise deed for a mutual consent divorce
5. You do not know the whereabouts of your spouse for long
6. Both are ready for divorce
7. You have settled children and property matters amicably
How much are lawyer fees for divorce in India?
1. A woman can ask for a free lawyer through legal aid
2. Mutual consent divorce free is between 25000/- to 50,000/-
3. Quick Divorce in 2 month’s fee is little more than mutual consent divorce
4. Contested divorce fee of an experienced divorce lawyer is between 1,50,000/- to 3,00,000
How do I keep a divorce lawyer with no money? & What if I can’t afford a divorce lawyer?
1. Apply seeking free Legal Aid Lawyer in your respective State Legal Department
2. Meet lawyer appointed by State Legal Department
3. Give all evidences of cruelty, desertion, video clips along with certificate u/s 65B, MLR reports, police complaints, FIR, DDR etc. to your lawyer
4. Visit court on each date to see the progress of your lawyer
Can divorce lawyers in Chandigarh help in gaining custody of the child/children?
1. See the age of child
2. Up to the age of 5 years, a father can not apply for custody of child unless circumstances are beyond control
3. We may file a custody case besides a case for divorce
Is it necessary to hire a divorce lawyer in case of an uncontested divorce?
1. Divorce lawyer is important to draft a divorce petition with sufficient grounds of cruelty, adultery or desertion.
2. Even in case of uncontested divorce, petitioner has to tender evidences to prove all grounds of divorce
Can I file for a divorce on behalf of a family member?
1. Yes, you may file a divorce petition on behalf of a family member, if you are having a valid special power of attorney
2. You cann’t tender evidence on his behalf. So his physical presence is a must at the time of evidence and cross-examination.
How long does it take to obtain a divorce?
1. For Quick Divorce – a minimum of one month
2. For Mutual Divorce – a minimum of six months
3. For Uncontested Divorce – Around 1 year
4. For Contested Divorce – 2 to 4 years
Can I file for a divorce in India in case my spouse is an NRI?
Yes you can file a divorce case in India, if marriage took place in India;
1. At a place of marriage in India
2. At last lived Place
3. At a girl residential place
1. Family Court in District Court, Sector 43, Chandigarh hears all Family related disputes of Chandigarh.
2. Family Court in District Court, SAS Nagar hears all Family related disputes of Mohali.
3. Family Court in District Court, Dera Bassi hears all Family related disputes of Zirakpur & DeraBassi once in a week.
4. Family Court in District Court, Kharar hears all Family related disputes of Kharar once in a week.
Who are the top 10 divorce lawyers in Chandigarh, the best divorce lawyer in Punjab, the best divorce lawyer in Zirakpur, NRI divorce lawyers in Chandigarh, the best divorce lawyer in Panchkula, criminal defense lawyer, or a divorce advocate in Chandigarh High Court?
1. Make a list of divorce lawyers in Chandigarh
2. Call a divorce lawyer and as per your satisfaction, shortlist the best divorce lawyer in Mohali Zirakpur Chandigarh after having a preliminary discussion about your case
3. Discuss each piece of evidence, which you have to prove cruelty, desertion, annulment, separation, jurisdiction.
4. Consult free with Advocate Deepak Malhotra, a divorce lawyer at 9888861666 in Chandigarh Mohali Zirakpur in advance before separating from your wife or before appointing a lawyer out of the 10 best divorce lawyers in Chandigarh
5. Appoint only, if it satisfies you with the explanation and answers to your queries..
Can I get divorced within one or two months after a long separation?
Yes, If your separation period is over 18 months, you may apply and get a quick divorce. You may click and see a complete procedure of quick divorce.
Can I get a divorce on the ground of Cruelty?
Yes, you may file a contested divorce under section 13 of the H.M.A. You may also locate the other grounds of divorce.
Can I get back dowry articles from my husband and his family?
Yes, you may get all your dowry articles back along with stridhan items;
1. File a complaint to the SSP of your district to recover all above said articles. The said complaint shall be forwarded to the concerned women’s cell department of that district for necessary action.
The inspecting officer shall try to resolve the matter amicably in three joint meetings and shall suggest registration of F.I.R if the husband and his family refuse to return dowry and stridhan items. OR.
2. File a complaint of domestic violence in the Honourable Court of illaqua magistrate of the concerned area for recovery of articles along with compensation and other rights available in section 12 to 23 of the domestic Violence Act.
Can I get maintenance for my minor children?
Yes you may get maintenance for yourself (If you are not working), as well as for your children;
1. File a case under section 125 of Criminal Procedure Code
2. Explain your circumstances, rental expenses, children expenses, food and medical expenses requirements along with proofs, if any.
3. Explain your earning status and sources of income, which is known to your husband
4. Attach earning proofs of your husband like salary slip, form 16 or income tax return
5. Also attach application for interim monthly relief
6. Honourable Court shall order your husband to pay approximately 33% to 50% of his income per month
7. In case, your husband does not pay monthly amount fixed by the honourable Court, you may file an execution application for recovery of the pending amount. Honourable Court shall direct him to pay the pending amount immediately. On non payment, the Honourable Court may order arrest of your husband.