1. Can I File divorce petition without coming to India
Ans : Yes, you can file divorce petition without coming to India. You can file Divorce petition from the place of residence of the respondent(in case if husband is petitioner or in case wife is petitioner), or the place of marriage or the place where the couple last lived together. wife can file wherever she resides after separation.
2. How many times I have to attend the court hearing for divorce case in India?
Ans : Its depends upon circumstances. Means if your cross examination is over on the same day then rest of proceedings are for lawyers. For Mutual Consent Divorce, the party can be represented by a power of attorney and the party may not appear physically.
3. How many times I have to attend the court for mutual consent divorce ?
Ans: In case of mutual consent divorce you have to attend/appear in court twice for the purpose of recording the statement in court. In so many courts now camera/video conferencing has been started and you can record your statement through the video conferencing but its totally depends upon the court to court. Also, you can opt for a power of attorney to attend on your behalf.
4. Should both the spouses attend the court hearing for divorce in India?
Ans: If it is for divorce by mutual consent, both of them should attend the hearing for the purpose of recording the statement but some time court may consider one if other is out of country and he or she has given the power of attorney to represent her or him in court.
5. Can a person seek divorce Under Hindu Law within a year of marriage?
Ans: Under Section 14 of the Hindu Marriage Act, 1955, no petition for divorce can be filed within one year of the marriage. But in exceptional circumstances, The Honourable High Court is in empowered to grant leave to file the case before the expiry of one year.
6. How much time it will take to get mutual divorce in India?
Ans: If it is a divorce by mutual consent of the spouses, Six months from the date of filing. It is possible to get divorce before six months, recently The Honorable Supreme court has dissolved the marriage before expiry of six months. Now, under certain conditions, family court can waive 6months notice period.
7. How much it will cost me for getting in India?
Ans: It depends on the lawyer to lawyer as in India there is no fix fees schedules.
8. What are the Documents require for mutual consent divorce?
Ans: Address proof, passport size photograph of petitioner, marriage card if available, marriage certificate, marriage photographs and ID proof..etc.
9. How I can annulled or Nullity of my marriage ?or what is the procedure to annulment of marriage in India?
Ans: Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-
(a) that the marriage has not been consummated owing to the impotency of the respondent; or
(b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5;
