• Divorce

Do we have no fault divorce in India? If so , what is the basis on which it can be filed?
Asked 11 days ago in Family Law
Religion: Hindu

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14 Answers

-    No fault divorce is called Mutual Divorce in India.

But both should agree for it. 

 

-    Watch this video for complete information on Mutual Divorce

https://www.youtube.com/watch?v=71OwLwNAhYI

 

-   There are some other way also to take divorce but not guaranteed. 

so the complete situation have to be discussed. 

Ankur Goel
Advocate, Bangalore
311 Answers

4.9 on 5.0

No fault divorce is not ground recognised by HMA for dissolution of marriage 

Ajay Sethi
Advocate, Mumbai
82705 Answers
5254 Consultations

5.0 on 5.0

1. As of now, "No fault divorce" is not available under Hindu Marriage Act and for that matter in India, it's not there for whatever may be the religion.

2.  However, Mutual Consent Divorce is available for all, irrespective of the religion. No questions asked for Mutual Consent Divorce. Easiest way to obtain divorce is MCD, which saves time and money and all the problems between the husband and wife can be resolved mutually.  Through MCD division of assets, alimony/maintenance, custody of children can be amicably resolved.

Thank you.

 

Shashidhar S. Sastry
Advocate, Bangalore
3617 Answers
207 Consultations

5.0 on 5.0

 

 

The default divorce as available in U.S. and Australia is not available in India. But different version “divorce by mutual consent” between husband and wife can be obtained under Section 13B of Hindu Marriage Act, 1955. Both need to approach the court engaging common lawyer and submit an application for divorce after that Court will post the matter after six months and after six months on second appearance Court will ascertain from the parties if both are still prepared for divorce, on their consent court will pass decree of divorce.

Contact local lawyer and engage him it for divorce case.                                                     

Document required…                                                                                                                         

  1. Aadhar card
  2. Proof residence.
  3. Proof age of both.
  4. Passport photographs of both.
  5. Proof of marriage, invitation card.
  6. Marriage photograph with both.
  7.  
  8. Divorce petition.

No second marriage till you get divorce.

 

Ravi Shinde
Advocate, Hyderabad
1010 Answers
8 Consultations

5.0 on 5.0

No fault divorce is not a legally recognised grounds for divorce in India as per Indian laws. 

 Indian law does recognise No-Fault Divorce but only by the Supreme Court with a distinct nomenclature called 'irretrievable breakdown of marriage'.

T Kalaiselvan
Advocate, Vellore
72788 Answers
1111 Consultations

5.0 on 5.0

Not literally but technically yes. Here the mutual divorce occurs when both the parties have no allegations against each other. 

Devajyoti Barman
Advocate, Kolkata
22452 Answers
353 Consultations

5.0 on 5.0

Yeah it is called mutual consent divorce in India. It can be filed on the basis of mutual incompatibility.

Rahul Mishra
Advocate, Lucknow
12674 Answers
32 Consultations

5.0 on 5.0

Hi 

Presently, Indian law does recognise No-Fault Divorce.

However parties can obtain divorce from family court, on grounds of Irretrievable Break Down of marriage (which is also called Mutual Consent Divorce)

 

Rajgopalan Sripathi
Advocate, Hyderabad
2119 Answers
394 Consultations

5.0 on 5.0

1. There is nothing such as no fault divorce in India.

2. In India if both spouses have reached a positive agreement to dissolve their marriage then they can file a petition for divorce by mutual consent in the court. It takes 6 months from the date of first hearing for the divorce to be granted by the court but now even this time period can be shortened/waived by the courts.

3. If there is no such positive agreement between spouses then spouse who wants divorce has to file a petition for divorce on any of the grounds specified in the law such as cruelty, desertion and adultery.

Ashish Davessar
Advocate, Jaipur
30646 Answers
896 Consultations

5.0 on 5.0

Yes it is called by the name of mutual consent divorce and it is filed jointly by husband and wife under section 13b of the Hindu marriage act. The basis to file this is that the husband and wife must be ready to take divorce on common terms and conditions touching aspect such as child custody, alimony and division of join property etc. The other condition is that the marriage is one year old to avail this remedy and the parties I.e.,, husband and wife must be living separately for 6 months immediately prior to institution of this case 

Vibhanshu Srivastava
Advocate, New Delhi
9300 Answers
193 Consultations

5.0 on 5.0

Dear Sir/Ma'am, 

1. No-fault divorce is not recognized in India as per the Hindu Marriage Act

2.However, you can apply for a Mutual Consent divorce Under section 13B(1) of the Hindu Marriage Act

3. Documents required for filing the same is: 

  • Marriage Certificate
  • Address Proof - Husband and Wife.
  • Four Photographs of Marriage.
  • Income tax Statement of last 3 years.
  • Details of profession and Income (Salary slips, appointment letter)
  • Details of Property and Asset owned
  • Information about family (husband and wife)
  • Evidence of Staying separately for a year
  • Evidence relating to the failed attempts of reconciliation 

4. The jurisdiction of filing the petition is: 

  • Where the couple was last residing as husband and wife. 
  • Where the husband or wife is presently residing. 

5.both the parties have to file the petition in the Family Court, appear before the court for Divorce and the court may ask the parties to record their statement of Oath. 

 

Thank You 

  • For further assistance, you can book a consultation with me. 
  • If you liked my answer, please give a good rating and leave a review. 

Anik Miu
Advocate, Bangalore
1528 Answers
18 Consultations

4.9 on 5.0

Dear Sir

There is no such practice in India and you can get at the most mutual consent divorce if your spouse agree for divorce with or without alimony. It may cost you between Rs 50000 to Rs 1 lakh and it requires 6 to 18 moths if waiting period of 6 months is not waived off.

Kishan Dutt Kalaskar
Advocate, Bangalore
5897 Answers
297 Consultations

4.8 on 5.0

Hey,

No, unfortunately we don't have an option of no-fault divorce. 

You would have to show to the court that your spouse has subjected you to cruelty or deserted you amongst other options. 

You can also go for mutual consent divorce, if your spouse is willing to settle. 

You can contact me for any further queries with regards to the procedures. 

Sanjay Narayandas
Advocate, Hyderabad
51 Answers

5.0 on 5.0

- Indian law does recognize No-Fault Divorce

- If , both parties are agree for divorce , then they can file a joint petition for getting mutual divorce , without giving any faults of both the parties in the petition. 

Mohammed Shahzad
Advocate, Delhi
7090 Answers
74 Consultations

5.0 on 5.0

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