Procedure to apply divorce from husband and child custody


Hi.. I am living with my husband or 14 month old baby .my husband is not agree to give me divorce I want divorce to him and I want my child custody after divorce can I apply online for divorce or what is the procedure to take one side divorce

Answers (5)


302 votes

Hello !!
if in case your husband is not agree you can approach to the court by explaining the reason for divorce.
you have to give reason to the court. Example : divorce can be on the basis of cruelty , mental torture, assault etc.

For custody of child you have to file petition under section 7 of guardianship and wards act.
there is no procedure for online divorce


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342 votes

Yes I can file divorce but it is process and procedure which is necessary according to law
There are some grounds given for divorce
In your case which are applicable that's have to check after consulting a lawyer

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166 votes

Hi,

Regarding your query.

In this situation, you will need to establish the grounds for which you are seeking divorce. Mere 'wanting' to divorce someone is not sufficient to grant divorce. You have to establish grounds under which you can seek divorce which are as under:
1) Adultery
2) Cruelty
3) Desertation
4) Conversion to another religion
5) Unsoundness of mind
6)Scizophrenia
7) Virulent and incurable leprosy
8)Venereal disease in communicable form
9)Entering new religious order
10)Presumption of death when there has been no contact for over 7 years

As your husband is unwilling to give you a divorce, you will have to file a contested divorce application and in most cases, divorce is sought on grounds of cruelty- mental harassment, frequently abusive, to the mental emotional and physical health of the Respondent.

You cannot apply for it online and it has to be filed through a lawyer at the place of residence of your husband, or of your own residence, where the marriage took place (eg. South Delhi- The Family Court of Saket will be the jurisdiction) or where your matrimonial home is ( Eg. Golf Links Residence - The Family Court of Patiala House)

After filing the petition, you will have to be present on the first date before Court and summons will be issued to your husband. The procedure may take many years, or may come to a close within a period of 1-2 years depending on the efficiency of the lawyer.

310 votes

You cannot apply for divorce online and there is nothing called one side divorce. However, the court can proceed ex parte if party is not appearing before court despite service of summons. In case of ex parte, the court can pronounce judgment in the absence of another party, However, it is not necessary that ex parte shall necessarily result in decree in your favour.
You can file a petition for divorce before the family court where you are residing or the marriage was solemnized or both the parties to marriage last resided together.
You can contact a lawyer to file a suit.

You have not mentioned the ground on which you wish to seek divorce. Please mention complete details.

326 votes

Mam
There is no one sided divorce although you can file a case from your end to seek divorce based certain such as adultery or if he not taking care of the family or has extra marital relations
And you cannot apply for it online
You have to approach the court

Regards
Vaibhav Singh
Advocate

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