2+ Lawyers are online
What is the procedure for filing for divorce from my husband and seeking child custody in India, esp
17-Jul-2024 (In Divorce Law)
Hello, I have been living with my husband and our 14-month-old baby. My husband refuses to agree to a divorce. I want to divorce him and seek custody of my child afterward. Can I apply for divorce online, or what is the procedure to initiate unilateral divorce proceedings?
To apply for a divorce, you must file a petition at Court, which has jurisdiction over your case. The procedure is governed by laws like the Hindu Marriage Act, 1955, and is categorized into either Mutual Consent or a Contested divorce.�
Helpful?
Adv. Chikirsha Mohanty
Delhi | 200+ Answers
Chat
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.
Helpful?
Adv. Prashant Kumar
Adv. Prashant Kumar
Delhi | 25+ Answers
Chat
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
Helpful?
Adv. Rahul Kumar Singh
Adv. Rahul Kumar Singh
Delhi | 50+ Answers
Chat
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.
Helpful?
Adv. Anuj Nair
Adv. Anuj Nair
Delhi | 100+ Answers
Chat
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
Helpful?
Adv. Vaibhav Singh
Adv. Vaibhav Singh
Delhi | 25+ Answers
Chat
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
Helpful?
Adv. Amit Kumar
Adv. Amit Kumar
Delhi | 25+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way
whatsoever as this is based on the information shared by the person posting the
query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to
address the specific facts and details.
Connect with top
Divorce lawyers for your
specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
