You can file for divorce in UP where marriage was solemnised or where you stayed together after marriage ie in AP or Andaman or where your spouse is residing
I did marriage in 2016 in UP and made marriage certificate in Andaman in 2017 and had been staying together in Andhra Pradesh since 2 years. Where can I file the divorce? and how much time will take the procedure?
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You can file for divorce in UP where marriage was solemnised or where you stayed together after marriage ie in AP or Andaman or where your spouse is residing
See you can file for divorce at AP or at UP the place of marriage. The contested divorce can Take 2-3 years depending upon the pendency of the cases in court.
1. A divorce petition can be filed in UP (where the marriage was solemnized), AP (where you both lastly reside together) or at the place where the respondent (spouse) is living at the time of filing the divorce petition,
1. It can be filed either in UP where marriage was solemnized or where you last resided together.
2. Mutual divorce takes only 6 months ordinarily whereas contested divorce would take around 2 years.
You can file the divorce where the marriage was solemnnised ie done in UP. if you are a guy then you can file divorce where she lives too.
You can file the divorce case in the place of marriage or the place where you both live last together or the place where she currently resides.
Thus you can file the divorce case in UP or AP, the divorce proceedings may take at least three to four years if contested strongly by both the parties.
Wife can file divorce from her place and both can file divorce where marriage solemoniz or where wife resides or where last resided together.
If you are woman you can file at Andhrapradesh as your current address. But if you are man you need to file it where you got married and right resided immediately after that
1. You can file the divorce suit at one of the following places:
a. where your marriage was solemnised or registered.
b. where both of you last resided together, and
c. where she is presently residing.
2. You shall have to engage a lawyer for drafting the divor ce suit and then file it which might take around 7 days. How long the case will take to be disposed of can not be predicted since it depends on many factors beyond the control of the Court or your lawyer.
Dear Sir,
Under section 19 of the Hindu Marriage Act 1955 Court states that every petition for divorce can be filed before a District Court within the local limits of whose original civil jurisdiction the marriage took place, respondent at the time of presenting the petition resides, or the parties last resided together.
The Hindu Marriage Act 1955
This jurisdiction applies to a marriage solemnized under this Act only. Section 19 of the Act provides for the Court to which petition under this Act shall be presented. Every petition under the Act shall be filed with the District Court( family courts) within the local limits of whose ordinary civil jurisdiction:
What is the procedure for mutual consent divorce in India?
Following is the procedure to file for mutual divorce in India:
STEP 1: Draft a petition stating the reason for seeking a divorce and both the parties have agreed on it.
STEP 2: File the petition jointly through respective lawyers before the family court.
STEP 3: The court after the examination of the petition along with the documents will pass on the order for the recording of the statement on oath.
STEP 4: After this, a cooling period of six months’ time is given tot he parties in the hope of their reconciliation.
STEP 5: Post 6 months, if there no reconciliation, both the parties need to appear for the final hearing. (Parties have to appear for the second motion within 18 months from the date of filing the divorce petition.)
STEP 6: In the final hearing, the court passes the divorce decree dissolving the marriage
What are the documents required for a mutual consent divorce in India?
Documents required for a mutual consent divorce are:
Residence Proof of Husband and Wife
Marriage Certificate
Photographs of Husband and Wife
Proof to show that mediation was unsuccessful and the parties couldn’t be reconciled.
Evidence to show that husband and wife have been living separately for more than one year
Details of husband and wife profession and present incomes.
Income tax statements of three financial years.
Information regarding the family background of the couple.
Details of the property and assets owned by the spouse.
What is the procedure for a Contested Divorce in India?
The contested divorce is filed by either spouse based on the grounds mentioned above. The following are the steps to file for a Contested Divorce in India.
STEP 1: Draft a petition clearly stating the facts and grounds for seeking a divorce. This petition is filed before a family court having jurisdiction along with affidavits, vakalatnama, and documents relevant to the case.
STEP 2: If the court is satisfied after scrutinizing the petition and decides to move with the case, it sends a notice or summons the other party to appear on a decided date along with his/ her lawyer.
STEP 3: At this stage, the court will suggest parties for mediation and if the mediation fails to resolve the issue, the court will continue with the divorce proceedings.
STEP 4: On a fixed date, both the parties will appear before the court, record their statements, submit evidence, get cross-examined and will present their witnesses if any. Then the counsels from both sides will present their final arguments.
STEP 5: At last, the court on a fixed date will deliver the verdict and pass a divorce decree. The aggrieved party can appeal to the order passed within 3 months from the passing of such order.
What are the documents required for a Contested Divorce in India?
Documents required for a Contested Divorce in India are:
Residence proof of husband and wife
Documents related to the financial status of husband and wife like income certificate, tax returns etc.
Marriage certificate
Documents proving the ground on which divorce is being filed.
- Under the Hindu Marriage Act , Every petition under the Act shall be filed with the District Court( family courts) within the local limits of whose ordinary civil jurisdiction:
1. The Marriage was solemnized, or
2. The respondent at the time of the presentation of the petition resides, or
3. The parties to the marriage last resided together, or
4. In case wife is the petitioner, where she is residing on the date of presentation of the suit, or
5. The petitioner is residing, in case respondent is out of the territory of which the Act applies or has not been heard for 7 years.
- Further the husband can file the petition in any three of the following District Court within the local limits where
1. The Marriage was solemnized, or
2. The wife resides, or
3. The parties last resided together.
- Hence, the divorce can be filed by the woman on any of the three places,
- For husband it may be UP and Andhra Pradesh.