Divorce during pregnancy in india what to do ?

78 votes

In India, divorce during pregnancy is legally allowed, whether through mutual consent or a contested divorce. Pregnancy does not act as a legal barrier to filing for divorce under personal laws or the Hindu Marriage Act, 1955.

However, it can complicate the proceedings, particularly regarding:

• Custody and maintenance of the unborn child

• Paternity considerations (in some contested cases)

• The well-being of the pregnant woman, which the court prioritizes

While courts generally allow the process to continue, they may delay final decisions on custody and child support until after the child is born to ensure the best interests of the child are protected.

In some instances, emotional and practical factors may also influence the timeline, but legally, divorce can be initiated and granted during pregnancy.

LawRato LawRato

999 votes

Hi, If you and your husband both agree for divorce with mutual consent, then both of you can file the petition jointly with the support of single advocate. Secondly, atleast one year separation is must for filing this petition. Kindly contact us to meet personally so that we can support you regarding your decision to take divorce and for the unborn child.

Advocate Brijinder Khurana LawRato

512 votes

A provision has been provided under Section 13B of The Hindu Marriage Act, 1955 for divorce by mutual consent which has some conditions which must be fulfilled by the parties to be granted a divorce. For instance, if the husband and wife have been living separately for a period of one year or more and are further unable to live together, and both have mutually agreed that the marriage has totally collapsed, they can be granted thedivorce. Research says that one of the fastest ways of being granted a divorce in India is through mutual consent as other options linger on for too long. The law says that all marriages which have been solemnized before or after the Marriage Laws (Amendment) Act 1976 can be annulled provided the parties to marriage consent for the same in front of the court.   Requirements to be complied with for a Mutual Divorce are: (a) The parties have been living separately for a period not less than one year. It is doubtful whether it was intended by the legislators that the parties have lived separately by mutual consent or by force of circumstances or situation. But it does not seem necessary for the court to go into that matter provided the condition of separate living under the same roof of matrimonial home or in separate residence by the parties is satisfied. Unless the consent of any of the parties to such petition is vitiated by coercion, fraud or undue influence, the court ought not travel beyond the statutory condition of its jurisdiction. (b) The parties have failed for any reason whatsoever to live together. In other' words, no reconciliation or adjustment is possible between them. (c) The parties have freely consented to the agreement of dissolution of marriage. (d) The parties are at liberty to withdraw the petition. It seems that the petition may be withdrawn even at the instance of one party in course of six months from the date of presentation of the petition. But when a joint motion is taken by the parties after the lapse of six months but before the expiry of eighteen months from the date of presentation of the petition for making inquiry, the unilateral right of a party to withdraw the petition appears to be barred.   Process of Mutual Divorce: There are two court appearances in a mutual divorce proceeding. A joint petition signed by both parties is filed in the respective family court. The divorce petition contains a joint statement by both the partners, that due to their irreconcilable differences, they can no longer stay together and should be granted a divorce. This statement also has the agreement to split the assets, custody of children, etc. In the first motion, statement of both parties are recorded and then signed on paper before the Hon'ble Court. After this, a 6 month period is given for reconciliation, (the hon'ble court gives a chance to the couple to change their mind) After 6 months of the first motion or by the end of the reconciliation period, if both parties still don't agree to come together, then the parties may appear for the second motion for the final hearing. If the second motion is not made within the period of 18 months, then the court will not pass the decree of the divorce. Besides, from the language of the section, as well as the settled law, it is clear that one of the parties may withdraw their consent at any time before the passing of the decree. The most important requirement for a grant of divorce by mutual consent is free consent of both the parties. In other words, unless there is a complete agreement between the husband and the wife for the dissolution of the marriage and unless the court is completely satisfied, it cannot grant a decree for divorce by mutual consent. In the final steps a Divorce decree will be granted as the Hon'ble Court may deem fit.

Advocate Siddhant Sharma LawRato

512 votes

You want to get divorce on base of mutual consent . Are your husband is ready to give the divorce if ur husband is ready then you both can file the case in the concerned court for mutual divorce in two motion, But more detail you meet me in y ooffice or contact at my mobile no.

LawRato LawRato

511 votes

U can file a mutual divorce suit in court even if u are pregnant. For mutual divorce both husband and wife need to give there concent for divorce. For better suggestions and help i need to understand complete facts of the case.

Advocate Naman Gupta LawRato

617 votes

Pregnancy is not a huddle for divorce in mutual. When you opt for OTS( one time settlement) amount include for that infant too for future benefits. And they have to consider it. Divorce should be the last option. Best of luck for future.

Advocate Salil Tripathi LawRato