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Frequently Asked Questions

1. What are the rules for divorce in India?

The Legal provisions governing Divorce in India vary depending on the personal religious law of the parties. The laws for divorce could be Hindu Marriage Act, Indian Divorce Act, Muslim Personal Law, etc. depending upon the religion and the Act under which the marriage has taken place.

2. What can a wife claim in a divorce?

At the time of divorce, a woman can claim property rights, custody rights, alimony, etc. in court. However, each case is different and what each party to the divorce can claim depends upon the facts and circumstances of that matter. It is thus essential to consult a divorce lawyer.

3. Can divorce be one sided?

Under the Hindu Marriage Act, 1955, one sided divorce can be filed on applicable legal grounds such as cruelty, adultery, desertion, conversion, mental illness, communicable diseases, presumption of death, and renunciation of the world. This is known as contested divorce.

4. Is mutual divorce expensive?

It is important to note that the cost of divorce by mutual consent can vary from case to case. The overall expenses can depend on the complexity of the issues involved, the length of the proceedings, and the specific requirements of the spouses. Mutual divorce may involve fewer proceedings than a contested divorce.

5. How to choose a divorce lawyer in India?

It is important to hire a lawyer in India who specialises in Divorce and Family law. A divorce lawyer should have relevant expertise in the matter at hand. Ensure that the lawyer is conveniently accessible in terms of distance as well as schedule. Also make sure that the terms of payment are discussed beforehand.