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Is physical presence essential to get a divorce in India?

14 Votes | Average: 3.21 out of 514 Votes | Average: 3.21 out of 514 Votes | Average: 3.21 out of 514 Votes | Average: 3.21 out of 514 Votes | Average: 3.21 out of 5 (14 votes, average: 3.21 out of 5)
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PVS Giridhar Associates is a law firm with its headquarters in Chennai and branches in Hyderabad and Pondicherry. They provide legal advisory and litigation services in various fields of law, including matrimonial law, property law, contracts and corporate law. Post your queries on legal consulting here

Name:kavita patel  Age:26  Gender:F  Place: UK (London)

Q:Sir, I have been married since last 3 years we have no children, my husband and me both are Indian citizens but are currently residing UK, he has a work permit and I am his dependant In UK, our legal marriage and marriage certificate generated was In a local In London and we were also married with Hindu rituals and ceremonies In India. The marriage was arranged by our parents and we got married since last 2 years as things slowed down we both realized that our understandings, our thoughts, our decisions In life nothing works out and we have problems once with his fault and once with mine, and relationships between our families have gone worst as well, we both are somewhere and our families are but now we both cannot take our relationship any further, and we did sit down and spoke to each It and decided to get a divorcee and separate with mutual consent to be able to make our lives better. And we have spoken our parents and my parents are going to start the procedure for the divorce with mutual consent In India. The divorce Is wont In an Indian court as under divorce with mutual consent and we both are ready to separate from each other happily without any complications children or financial Issues or anything, we both do not want anything from each other but just wanna seperate from each other now. We are to sign whatever paperwork necessary Is sent by my parents from India staying In UK till the divorce Is fully agreed by the Indian questions: 1) How much time shall It take for the divorce procedure to finish and get legally separated being a divorce with mutual consent with complications or child or financial complications. 2) I will have to return to India once we are legally separated but till the divorce case finishes both do not want to return to India and are ready to sign all necessary paperwork from UK. Is it possible to do that and that case how much time shall It take to get the divorce.

A:A divorce by mutual consent must by law take between six and eighteen months, if both parties cooperate. Though you can sign the petition from the UK, it would be necessary for you both to be present here to present the petition in the court if the competent court is a family court. You will definitely have to personally attend at least two hearings in the court. I would advise you both to talk to a lawyer in India practicing in the competent court, and not leave the procedure entirely to your families in India. Though I congratulate you both on the mature stand that you are taking, I would advise you to seek professional marital counseling, not only to explore the possibility of saving your marriage, but also to iron out any problems that may lie hidden.

Name:Mayank  Age:32  Gender:M  Place:USA

Q:I work in USA on h1 visa on very high salary. my parents hv arrange my marriage to a girl frm India,delhi who will me to usa as non-working h4 Immediately after marriage. Friends to Insist on signing of a prenuptial have advised me would this be valid in my case (i.e for h1 visa guy). What sort of process Is to be followed? Thanks.

A:Pre-nuptial agreements are invalid in Indian law. Even if they are drawn up they are without legal standing and cannot deprive the parties of any rights they may derive by operation of law. Although I understand your apprehensions regarding the fall out in case the marriage goes bad, however, I do believe that it is necessary to enter into the marriage with a firm heart. I wish you all the best.

Name:Shweta  Age:26  Gender:F  Place: 

Q:Hello Sir, My Husband took a divorce from me without my knowledge and once it was done, he informed me to leave his house, as are no more husband and wife. The moment we came to know about it we applied for reopen. My husband is seeking to marry and has given no of matrimonial adds in a number of websites. He had a hearing in court, where he didn’t appear following which gave stay to him for remarry until case is reopen. Now again he has to appear in court on 6th April. Please guide me, all steps can my husband take, I mean what all rights he have so that he’ll get the case closed. Or is it that has the rights to get the case reopen?

A:If the case has been reopened and pending, then until the judgment and decree are passed in the case, the case cannot be closed. Your husband and you would have the right to remarry, only after the statutory appeal period of 30 days has expired after the granting of divorce. I would suggest that you and your husband seek professional counseling to see if you can settle the issue amicably instead of prolonging the proceedings needlessly.

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Responses to Is physical presence essential to get a divorce in India?

  1. 1 Daisy

    Dear Sir,

    My name is Daisy. I am presently working in Kuwait. Got married in court in Pune 5 months back. My husband is a muslim & was married and has a kid. He had taken a divorce from his first wife by saying ‘Talak’. Now his first wife has asked for a legal divorce with compensation. Could you please inform me the procedures. I have bought my husband on a visit visa to Kuwait. Should Me and my husband go to India for the Divorce? How long will this take? Awaiting your reply.

    Thanks & Regards,

  2. 2 Jain_B

    Is it possible to get marriage annulled if the couple has spent only 15 days and found that one of the party has misrepresented about the real nature and real intention behind this marriage. Plus have threaten if any steps are taken will do suside. Can this be ground of mental illness too.

    How long does it takes for Annullment - time frame.
    How long does it takes for Mutual concented Divorce - time frame.
    Does both parties have to present all the time, on all court date or attorney can be given power to represent while the client is abroad.

    Please give some details about benefit of Annullment v/s divorce.

  3. 3 Nitin

    The divorce case that I filed in India is still pending. In the meantime, my wife filed a divorce case in US which was granted. She has also become a US citizen now. I haven’t accepted the US divorce.

    We have closed out our differences and have decided to file for divorce by mutual consent in India. She does not want to come to India. Is her physical presence necessary? Are there other options that do not require her to come to India i.e. video-conferencing, a notarized MoU or any other option?


  4. 4 Jyothi


    We have been married since 7 years. We got married in India and came to USA. I want to take a divorce. Can you pl tell me the procedure and how long it will take to get the divorce. I don’t have any body in India. Can you pl help me in this regard. How many times we need to goto India.


  5. 5 Amar

    I am Radha,I am Married 6yrs back due to my parents force,when i am minor at the age of 16rs 10months.we dont have sexual relation from 1st bcoz i dont like him from 1st day,jus we are staying as W/H for our parents
    I want to take divorce from my husband now becuase i want to leave my life seperately.
    he is also ready to give,”that i am not intrested to stay with him”.
    1.parents or blood relation should require to take divorce? there need of lawyer if yes please let me know lawyer in Andhrapradesh-Kurnool district.
    3.should we attend court regularly how many times should we require to attend court? much time it take to get dvorce?
    5.on what ground should i file notification?
    6.can i stay after getting divorce also in his home?becuase i have to get a job before i leave husband will accept for this and he wont say for his parents also.
    7.main thing our marriage is not registered.
    8.i have only 10th class marklist and marriage card (my name changed in invitation card)and photos of marraige.i have photo id f my 10th markslist.
    9.what are the requirements and proofs for divorce. much time it takes maximum and minimum time for getting divorce
    11.What are the documents and procedure to follow with out hiring a lawyer,how the question will be from judge.
    12.did we require parents(or)relation from both sides?the relation wont help me and him,they will stop us if they know that we are going to take divorce.
    13.we are from AndhraPradesh and in which court should we submit our document?district court or high court.

  6. 6 Sampath

    very good suggestions..thanks a lot

  7. 7 satyendra

    respected sir,
    iam resident of hyderabad and a chief doctor in a reputed hospital. we have married 3 years back and blessed with seven months old son. from day one my wife & in laws preffered her stay in their house to mine.after through persuation she came to stay with me after the birth of my son.3 months back my wife moved out of my house making a big fight & swearing not to return, to her parents. after that there is no communication between us, though we stay in the same city( hyderabad) and 3 km question is, keeping in mind the social stigma of mine, is there a way legally to proceed for seperation without me talking to her personally and also the next step that should be taken by me for divorce.

  8. 8 avijit gupta

    Dear sir,
    I want to discuss about my divorse case with you.But I can not find your ph. no. , address , e-mail id.
    so pl send me the information that how I will contact with you? My ph. -09885030623 and e-mail -

  9. 9 Pintoda

    Dear Sir,

    We live in Canada. We got married according to Hindu Marriage Act. My wife and I have been married for 7 years and our marriage is stained to rock-bottom! My wife still does not want to leave me as she gets her needs fulfilled to keep going with the marriage. I strongly feel that I want to pursue the divorce to have a better future for me! I am very sure that she and her family will try to do every possible things to get me onto the road. At present they are employing Hindu Tantriki Sastra on me. As the Hindu marriage act has not been reformed for zillion years, I think I need a way to get around it and cannot wait to see my life fall apart in another 5 years. I am so frustated with the marriage that I want to convert to Christanity if that will make the divorce easier & quicker. My question to you is will the conversion of religion help me to quickly get a divorce? I am sure that my relatives will be OK with my conversion rather than seeing me suffer enormously for the next 5 years. Appreciate your help with advice!!


  10. 10 RESHMA

    I got married 4 years parents have no son .i am elder daughter .my husband earns well in uk.he brings for me what he want.but as my parenys are concern he just neglets them consider them as they are inferior.he wants his mom dad and his sister and 2 brothers.these all are his world to him.he has not given me any place of respect for me and my family in his house.i am pharmacy graduate.i used to work before in i have 2 years son.i stay in uk on dependant visa.he does not allow me to work as he feels i will give all money to my parents.i feel very sad for them.i cannot do any thing for them.he spents money on his mom.his mom is head of family.his sister gave bad words to my mom in my delivery and my husband also fought with them.i dont want to live such a life like slave.i wanted my patner as a friend who can understand my problems .he wants me to cook for him ,be good with his family ,and do sex.
    please give me advice

  11. 11 XYZ

    Dear Sir,

    I had an arranged marriage as per my wil. Its one and a half years past my marriage now i am not able to carry this any more.
    My husband had an affair before marriage he married me with his wil he did not ask for any dowry, i am well educated and
    in UAE(we both are settled here) have a good job and get paid well i help him with my money too and he needs it badly but he is so rude to me at times i come from a good family and am a average looking girl, every thing was alright but now his friend is getting married to a very fair girl since then my husband is being rude to me curses me (its stupid i kno)says that he dreams about fair girls even in our private moments he humiliates me i am so depressed i thing of sucide also at times i used to be a very livly and bbubbly girl but noe i live my life in deppression, 1 was liked by all i am excellent in my academics ,i am from a wel to do family and my parent wil do anything for me please help me i dont want to lose myself i want to live

    i ll remain grateful to u if u reply

  12. 12 March

    Dear Sir,

    Me and my husband are considering separation leading to divorce. We were friends before we got married and I had further softened towards him after hearing the sorry stories of his first marriage. We married in India as per Hindu rituals (this being hte first marraige for myself), registered the marriage in India as well and moved overseas. We are currently residing in Australia.

    After four years of absolute neglect, emotional and psychological abuse, and, having married with an intention of always living dying in this marriage, I now feel utterly cheated and deprived of four years of my life.

    I wonder if:

    1. Emotional and psychological abuse is recognized by Indian / Australian court? what evidence is required?
    2. Is it worth mentioning his neglect towards me? How does this need to be evidenced?
    3. As per the astrologers that I have re-visited to check upon the future of our maariage, his mother is engaging into tantrik poojas etc to effect our spearation? Does Indian court consider such issues?
    4. His mother, who is a widow and sister, who is a second time divorcee have been lying and miscommunicating to my husband about myself and my family to create and widen the rift between me and my husband. Can such behavioural issues be raised in Indian court?
    5. Lastly, even while I write to you, I hope and pray for our marriage to get cured of all the tantra vidya miscommunications created by his mother and sister. But if it really comes to divorce, I need to know my rights for seeking alimony, and, the best way to get an appropriate compensation although I believe, money can never compensate for four prime years of my life, the heartache and the social stigma of a divorcee.

    Would highly appreciate your advice.

  13. 13 vijaya

    I got married in Jan 2007, it was an arranged marriage by our parents. Initially it was quite a happy married life, we both are in our early 30s and for whatever reason we have always had differences of opinion, arguments, sometimes due to me, other times due to him. In the last 10 months of our married life we lived together only for 2 plus months that too after a gap of every 2/3 months. Now we both feel we cannot take our relationship any further, we spoke to each other and decided to get a divorce and separate on a mutual understanding.

    In the meantime due to all this relationship between our families have gone worst, now we both are not together, he is on his own living in north India, am with my parents in south India.

    Now my stand is I do not want any complications in the procedure, I do not expect any maintenance from him, off course I have not discussed this point with him, but my parents are extremely upset like any other parents would and are trying to file a complaint and want to apply for maintenance (as lots of money was spent towards our marriage ceremony) but my husband has not taken any dowry from me.

    Please guide me, since we are scattered, he is living in north India, I am living with my parents in south India, our marriage took place in a different state (native place), where should we file the case, I want to ahead with the proceedings here.

    Second, Is it necessary for both of us to be present at the time of hearing?

    Normally what is the time period to get divorce in cases like mine?

    Could you please also provide me the fee charges towards the lawyer?

    Looking forward to hearing from you

  14. 14 Sony

    I’ve been married since 7 years and i have one daughter of 5 years old.
    We had a love marraige but could not maintain the good understanding and always there is a quarrels between us. It is on money, food, parents n so on.
    Now the case is like she has started breaking the stuff in the house like hair dryer, dinner sets, laptop, if her wish is not fulfiled.
    Her wishes are get me the jewellary and camera and other stuff. though i just got 1 lacs jewellary to her in last few months and now she wants more.
    After telling her, may be we can think in lateron. but she didn’t agreed and broke all the stuff in the house.

    I have decided to leave her and get divorce from her and very difficiult to stay with her. we are having the quarrel nerarly every day from last 7 years.
    Its not diff to stay with her, coz of the quarrel i am not able to concentrate on my work and always disturbed.
    She is not working anywhere and even doesn’t like to work.
    I want o get divorce from her asap.
    Wat will be complications in that?

    After 7 years of marraige, can she claim my flat or money? If yes how much?
    What abt the child, she is jsut 5 years. With whom she will stay?

    Could you plz advice me?

  15. 15 Barathi

    hello sir i wish to get divorce from my husband. i am staying in chennai. can i get ur contact address so as to meet u to know the procedures.thank u.

  16. 16 xd

    hi sir.
    i have few doubts regarding divorse.Pls let me know your mail id so that i can contact you.


  17. 17 xyz

    my situation is the same as below except that its been 6 years of our marige and i have a son who is 4.5 yars old and i m in US on h1 and she is on a dependent visa-pls help with the below questions …

    I want o get divorce from her asap.
    Wat will be complications in that?

    After 7 years of marraige, can she claim my flat or money? If yes how much?
    What abt the child, she is jsut 5 years. With whom she will stay?

    I’ve been married since 7 years and i have one daughter of 5 years old.
    We had a love marraige but could not maintain the good understanding and always there is a quarrels between us. It is on money, food, parents n so on.
    Now the case is like she has started breaking the stuff in the house like hair dryer, dinner sets, laptop, if her wish is not fulfiled.
    Her wishes are get me the jewellary and camera and other stuff. though i just got 1 lacs jewellary to her in last few months and now she wants more.
    After telling her, may be we can think in lateron. but she didn’t agreed and broke all the stuff in the house.

    I have decided to leave her and get divorce from her and very difficiult to stay with her. we are having the quarrel nerarly every day from last 7 years.
    Its not diff to stay with her, coz of the quarrel i am not able to concentrate on my work and always disturbed.
    She is not working anywhere and even doesn’t like to work.
    I want o get divorce from her asap.
    Wat will be complications in that?

    After 7 years of marraige, can she claim my flat or money? If yes how much?
    What abt the child, she is jsut 5 years. With whom she will stay?

    Could you plz advice me?

  18. 18 prasad

    Hello Sir,
    Is it possible for a wife to get separated from her Husband if she doesnot want to stay with him? What is the procedure for that?


    i would like to know how the lawyers charge for a divoce case with the parties of mutual consent.
    we have paid 35000 for my sister’s case.
    still the lawyer is asking 20000.
    we think that she is charging more.
    can u please suggest me how are the fees according to the bar council rules approximately?







  21. 21 neha

    hi i am also suffering from such problem. i am a student in australia, melbourne….me and my husband came here an year ago on student visa. he is a spouse n i am student…now our relationship has become worst because of his husband lie to me on each n every thing small or big. now i have decided to get a divorce n live my life peacefully but he still don’t want to leave me…i m 20 and my husband is 22 years old….plz tell me wht to do n is that possible tht my parents apply for divorce on behalf of me???

    neha 20 years female

  22. 22 manoj

    Dear Sir,

    i am studying PhD in germany,and got married a girl in India 9 months back.i stayed after marriage with my wife of about less than a month.after i came here she started troubling me and now she is away from my parents and staying with her parents,after 2 months i left to germany.after i came here situation became worse..and she dont want to come to germany as we applied VISA for her with the pressure of both families..we dont understand each, and we dont like each other
    and views,thoughts dont match.i tried my best to solve the problem,and didnt work.and also between families also the situation is same.they also dont communicate each other.
    we both like to separate with out any i am staying in germany do i have to come to india to put a case is it possible to do it from here?
    and also is it possible to take a annulment ,since we stay together for about less than a month?
    what is the procedure could you please help me out..since it is so disturbing i could not concentrate on my studies.
    How much time it take to have an annulment (if possible)?

    please mail me to this address:

  23. 23 Babu

    We have been married since 17 years. We got married in 1989 I want to take a divorce. Can you pls tell me the procedure and how long it will take to get the divorce? I don’t have any body to help me in this. My wife seems to get irate for the smallest of reasons in day to day life which affects my mind & my health .Can you pls help me in this regard.
    Thank You

  24. 24 neha

    Dear sir,

    I have been married for now nearly 1 year and 2 months, got married in november 2006, me and my husband we both are NRI and living in Malaysia, I am on my independent visa (working visa) and he has a seperate visa, since the time we have got married it seems that nothing is working, we are not meant for each other, nothig is common between us, we have different working schedules and even if we are free we dont want to see each other face.. there is no communication between us, we never go out 2gether, even i came to know from a source that he has a new girlfriend also, he has extremely agressive behaviour and use foul language also, though we live in a same house but like 2 seprated people, we have absoultely nothing to do with each other, somehow we are stuck in ths marriage, here i would like to mention that it is a love marriage and i am his second wife, his 1st wife took exparty divorce from him and he has a child of 5 years, but though his divorce is clear but still the compensation case is going on him by his first wife, which is in india and involve all his family member.. i am so fedup of all the situation i have put myself in to and now i seek your advise that how to proceed furthr to take a divorce? or incase if he not agree for mutuall divorce what is the next best way to end this relation? do both of us need to come to india to file mutuall divorce or we can do from here only as since its a love marrige even my parents are not supporting me, as from whatever i read for mutuall divorce i understand that it takes 1 year to get it, but during that time i dont wish to stay in india, i want to continue with my job here only and secondly do i need to provide proofs to take mutual divorce and if yes so what kind of proof. kindly help me to come out of this situation.

  25. 25 Jose

    It seems good. Can I get a divorse without going to Indian.
    If their is not issue about finance, children etc.

  26. 26 veena

    hai sir,

    I got married in feb 2007 ours is a love cum arranged marriage i have been cheated by my husband he said his qualification is MBA and working as HR in a private company and earns 30,000 per month but after marriage i came to know that is he is tenth fail and completed his bsc moreover his age is 32 but he said he is just 26 and they said they are kamma caste but later on his father expired in april at that time we came to know that they are christians ours is an traditional family my mother with great difficulties made us educated i and my brother we both are engineers working as softwareengineers in reputed companies.As my mother got divorced frm my father when iam 2 years kid frm then she struggled a lot by maintaning a mess.Because of my mother and my relatives i wanted to continue relation with him but day by day his sadism is increasing and he always uses bad language and he has doubt as if though i have illegal affairs i cant bare this at all. after marriage we are in our house later on went to their house in hyderabd after that their parents started critising our family and his mother is not at all intrested in our marriage she always wants us to be seperated due to this i came to my home town after that his fateher expired then all of their family members started scolding me and my mom as if though we had killed him,due to insufficient salary i started job search i got job in hyderbad started going to job from then every time when my phone is engaged he used uabuse me and ask who is he and inorder to earn a lot i got a job in chennai i acme to chennai from that time he used scold me bad words and always started asking are u having illegal affairs with any if so i will kill total family iam very scared and got disspointed in my marriage life haven’t spend a single day happily after marriage i thought to compromise but am not able to decide my life what i have to do being a divorced mother now if i take divorce it will not be good but can’t tolerrate this can you please suggest me. but every time he will say i love dont leave me i cant live without you but always abuse and has doubt on me.

  27. 27 rakesh kumar gupta

    Hi one of my friend has to divorce to his wife before 5 years they got courte marriage but till date they are not leaving together due to some reason and now they are looking for divorce.What is the procedure for that please let me know if u have any idea.

  28. 28 E. Kannan

    Yes. I liked to reading this.

    tks & best regards…
    Kannan from Vizag

  29. 29 XYZ


    I got married 3 years back and came to US on H4 visa. My husband is so attached to his parents and sisters that he always talks about them and misses them.He also spends most of his salaray towards them. After my baby is born, my in laws were not ready to take care of her and i converted to F1 visa as student and lived all alone in US with my baby and husband in India. I decided to resign and live together with them in India. But now, my in laws say that i have to live in US on H4 with my husband and kid and not work or study until another kid is born. Both my husband and in-laws do not understand what i want. They are always deciding my future. I am well-educated independent girl until i got married. But now, I am a doll whose fate lies in some other hands. Please tell me how to apply for divorce and advise about custody of my child.


  30. 30 prash


    We have been married since 6 years. We got married in India and came to USA. I want to take a divorce. Can you pl tell me the procedure and how long it will take to get the divorce. Our parents are in India. Can you pl help me in this regard. How many times we need to goto India.. pls help me i am all aline


  31. 31 Arunabh

    Dear Sir,
    I have a marriage life of 10 years. WE have a child of 05 years old. As a matter of facts my wife is an ill tempered and behave abnormally with a slighted pretext. She has a tendency of doing harm herself physically atleast to pretend in that effect. She also admittedly a great liar. Last 10 years I am trying to adjust with her which badly effected my mental and physical condition. But now I become desparate to sort out the problem permanently or separate ourselves. I felt that such unhealthy family atmosphere doing a great harm to the upbringing of my little daughter. Please help me and advise.

  32. 32 Etr

    Dear Sir,

    Thanks for your service and am also in trouble with my married life..

    Pls give suggestion to me in my mail id…

  33. 33 Jeena

    Is physical presence essential to get a divorce in India for NRI people? is this can be done by video conferencing?

  34. 34 arulmozhi

    we got married in US and then in India. We are working in US by company VISA L1. my hsuband has applied and got divorce in US now. just 20 days remaining to get the divorce confirmed.

    This divorce issued in US is valid in India ?. Is it required for him to apply divorce in india agian

  35. 35 Akash

    This is a good discussion. I have anissue which I am posting here for legal advice. One of my relative is married for last 15 years and she is having a daughter who is 10 yrs old.Her husband physically and mentally torture / abuse her for long time.She wants a divorce but he is not agreeing. In this condition what she should do ? Pl guide.

  36. 36 Amarjeet Singh


  37. 37 snigs

    dear sir,
    i am seperated but not divorced, i have no contact with my husband for past 1yr. My child who is 3 yrs old, n stays with me and my husband has never come to see us nor does he send money. My sons’ passport has my husbands name and everywhere in school n all thats why they ask for fathers documents. is it possible to remove his fathers name and put only mine in the passport? what is deed poll for name change? how to go about it?
    In my case is it possible to have an order from court declaring the custody of the child.
    pls reply asap its urgent

  38. 38 Sonia Jagadish

    Hello Sir/madam,
    I am married for the past 2 years.Mine was an arranged cum love marriage.My parents first saw the alliance & when I met him I liked him.He also liked me.But due to some reasons my parents said no.We both convinced my parents & got married.My husband lives in Australia for the past 10 years & he is the citizen.I came here as a dependant.But when I came here things became different.My husband doesn’t have a good relationship with his parents & he speaks in a hurting manner to my motherinlaw,which made me feel embarassed.My inlaws are very good & I had no problem with them.His relative who lives here blames me for my husband being so indifferent to his relatives here for which I have no clue because my husband never used to visit his close relative here all these years before I came to join him.This put a lot of pressure on me & I failed in my exams due to mental stress(I AM A HEALTHCARE PROFESSIONAL).My husband now has no respect for me.He insults me at times in front of his friends,breaks things in the house when he gets angry & verbally abuses me reciting words which are very offensive.I am mentally depressed which resulted in me having health & weight problems due to depression.He never likes me to get things I want,but he gets me expensive things inspite of him having more debts.This puts me in a lot of stress.He fights with me for things which are very petty & provokes me.Though he has several postive qualities,I can’t take his verbal abuse & this sometimes turns physical with both of them hitting each other.But nothing was major.I am convinced that he would not change his behaviour.I wanted a separation or divorce.plz tell me the divorce formalities.Thank you

  39. 39 GD

    Yes, i like to read this,

    I want to get divorce from my wife.
    What will be complications in that?

    I’ve been married last 5 years and i have one son of 4 years old.
    We had marraige arranged by ourparents but could not maintain the good understanding and always there is a misunderstanding between us.It is on money, work timing and parents.
    Now problem is she started crying for very small issue and making same as big problem in thier parents.

    So i decided to get divorce from her to live pleasent life.
    bcz of the quarrel i am not able to concentrate on my work and always disturbed.

    What will be complications in that?

    After 5 years of marraige, can she claim my flat or money? If yes how much?
    What abt the child, with whom she will stay?

    Could you plz advice me?

  40. 40 xyz

    Q. Is divorce is possible within six months on mutual consent if yes. give conditions and some cases

  41. 41 Unanimous

    The info provided by you are very very good. I have major issues with my marriage and i need very urgent counseling help. Could you please help me in suggesting good counselors in Bangalore, India? Thanks,

  42. 42 colonel russell nicholas



  43. 43 Ajay


    I live in the US (work visa) and I went back to India last dec (2007) to get married to my girlfriend. After 25 days of marriage, she confessed that she loved someone else and was commiting adultry even after we got married and were there in India for a short while before coming back to the states.

    We both decided to get the wedding annuled as we have never consumated and she still loves the other guy. She just left to India to be with her parents.

    I heard that the annulment procedure is not too clear in India and would like to know the benefits of doing this over a divorce and if it will take more time.

    I am also looking for a reputed lawyer who can take up my case and solve it. We got married in Bangalore and have got our marriage certificate there. We have no kids and no joint assets.


  44. 44 neel

    Dear sir,

    i am married for last 8 years, and have a daughter of 7. I cought her cheating me .
    i am heart broken and difficult to be with her any more.I want divorce asap.
    I have bought house in her name two year back. who will keep dat house?she is working and earning more than me.
    wat abt my child? I want to keep her.can you guide me ? , please return to me through mail.

    thanks and regards

  45. 45 UK


    I need some advice. I got married in India by an islamic nikkah and also registered the marriage in the village where we got married on 4th Feb 2007.

    I am from the UK and my husband is indian. He has received a UK settlement visa but is now back in india for a few weeks. I am currently 6 months pregnant.

    My husband has cheated on me since he has come to the UK but I do not have any physical proof of all the adultery he has committed. He has slept with at least 5 different girls since Jan 2008.

    Our marriage was never registered in the UK only India. How can I get a indian divorce from my husband? Will a simple pronunciation of talaak be sufficient? If not what else do I need to do and how?

    Please Help..!

  46. 46 sandy


    I’ve been married last 5 years and i have one daughter 3 years old. I observed that she is cheating with me and felt she has extra marriage affairs with others. she always talking about my weakness, her nature is not good since first day of marriage. she slapped me first day of night. I do not continue my life with her and want to get the divorce from her but she is denied to give. Please help me out.

  47. 47 Liza

    Kindly advise me regarding my failed marriage.

    My in-laws have very old ideas about daugther-in-laws family should be submissive. Many times they criticise and back bite about my parents. I have now started speaking against their attitude as before marriage they had portrayed themselves very differeantly. Ours is an arranged marriage and my husband is also not supportive, he blindly listens to his Mummy.

    During last 2.5 years of marriage, our relationship has been strained. Had visited marriage counsellor a couple of weeks. The advise implementation has been shortlived. Every six months we come to a no talking mode and verge of breakup. He openly criticizes me in front of my parents and also in front of his relatives. The entire family(him, Mummy-in-law, father-in law) fights with me if I try to speak to them about there injustice.

    Due to recent events, I have also lost respect for him. But I am finding it very difficult to take a bold step. Just last November I had walked out and gone to my parents place but came back when I heard of my mother-in-laws knee surgery.
    I want to be sure this time before I finally make a decision.

    My family is with me and they don’t want me to waste anymore time since my husband doesn’t respect me.

    Please let me know :-
    1. What is the procedure, if I decide to take the step.
    2. Should I talk to him before filling for seperation or should I let my parents go about it?
    3. The amount given by my parents as marriage gift for future is in his bank. How can I ask him for that?
    4. I am financially stable and we have no children. Is there any way of finalizing the issue without publically mud slinging on each other, as I would not be interested in getting anything from him.

  48. 48 rajinder singh

    sir i have been married to agirl in 2006 but during our first night my wife got quarrel with me by saying that she has an affair with someone since from that time we have no sexual relation. she stay only 10 days with me . and now i wanted from her divorce

  49. 49 kashish

    Respected sir,
    I am in deep trouble,my marriage is on rocks n i need to seek advice frm u,i m frm hyderabad but married in mumbai,i wud be greatful to u if u can send me your contact no or your e-mail i-d,i want to meet u in person as soon as possible.
    i d b thankful if u could send me your no.


  50. 50 xx

    i am a student. i was in love with one of my classmet and we got married that is register marriage…
    our parents dont know anything about this marriage… I and my husband have lot of problems and we planning to get divorce… Kindle help me out…

  51. 51 Maulik


    I need advice for seeking annulment of my marraige. I got married to girl in Nagpur few months ago. In our honeymoon I came to know that my spouse was previously engaged to someone. Since my spouse’s father has expired the whole marriage proposal was represented by her maternal uncle. He had mentioned one excuse for the break up of her engagement., while my spouse has given another excuse. When I asked her mother about it she said the they were not supposed to tell me “any history - geography”. I feel me and my family have been cheated as had we known about ti we would not have entered into a realtionship or would have done adeqaute investigations before entering into the realtionship. We have been taken fora ride. Further her mother was not prpepared to talk baout this issue. We would like to know what are our rights? I am an NRI living in Australia wheres my parents are lving in India. She is trying to harass me and my parent son the grounds of false IPC 498a ? Can we sure her family for suppressing and misrepresenting material information? Can non disclousre of information tantamaoun to cheating and forgery under Indian Penal Code ? Thanks in Advance. your advice will be highly appreciated.

  52. 52 Arun

    Greetings sir,
    I was going through your website and I decided to consult you on my ongoing crisis in life.I am 28years old and I am doing my higher studies in USA.I married a girl who i worked with in Bangalore a year back..April 8 ‘07 to be precise.As it was a love marriage,we got it registered on our won with frineds.The family were later informed,but there was no problems as such.All decided that i will take her once i get back from my higher studies in a year.She and I lived together for just a month after marriage,after which i left the country.During the course of this time,we had certain misunderstandings.That was not serious,but it caused a little tension.
    Within the 8 months i was away from the country,the arguments got worse on the phone and i tended to get very abusive in anger on the phone,because it was a mystery why the girl was acting differently.Although i tried to get to pacify her or soothe her,it never worked.Due to her provoking ways,i ended up calling and getting more angry.She recorded such calls and filed for 498a harassment.She hails from a lower middle class family and i belong to a big and respectable family.At anytime of our reklationship it was me who gave money.Even in her complaint there is no mention of money being demanded.She has accused me of physically abusing her during the time i was with her and mental abuse on the phone while i was in USA.In december last year,i had come to see her and reconcile and sort all our differences.I was not aware of the case registered against me and therefore i was arrested.I got bail by pledging my passport.My studies were affected and the time got delayed.I filed to retrieve my passport and obtained it a couple of months back on the condition that i will have to appear in june.
    My wife’s actions although severe,it was mainly instigated by her aunt and uncle.They are basically north indians and dont approve of south indians.She has been staying with her parents last one year.But now,she has gone to the next step of saying that she wants a divorce.The truth is that i loved this girl very much and i still care for her.I want to know if there are ways that i can delay the divorce so that i can try to make her there any way to escape divorce?Also is there any difference in who applies for divorce,husband or wife?
    i plan to leave to USA in 2 months.pls advice.
    thanking you,

  53. 53 San

    I am married for last 1 year and 1 month. My wife was introduced to our family in one of our community marriage sammelan. My wife had falsely mentioned that she is a graduate (BA) in the form though she has just managed to appear for her first year in BA. All these months I have been asking her for her degree certificate and she made excused saying that it is at her friends place. Now after a year she has finaly informed about her not comleting graduation. Initialy she informed that she only had failed in 1 subject in her last year and then with more inquiiries we got to know that she has just appeared for her 1st year. I am a professional with a post graduate in a respected job and I would have married a non graduate girl in the first place. Now when we asked for apology from her and her parents thay are trying to show that we never asked for her graduation. ALso now that we have informed some respected members of the community about this they are trying to create stupid stories about I and my parents harrasing an torturing her and telling everyone. She has always been very obsessive about mi, have always cribbing about small things, have never given any respect to my parents and many times tried to emotional black mail me my cutting her wrist or trying to leave the house in the midlle of night over trivial issues.
    Even now they are in no mood to repent and last time we tried to mediate her father got very voilent an threatened me of dire consequences. Right now she is at her parents place. Even after I getting to know about her lying about the graduation I had maintained decent relation with her and she was stying with me .. After that she had gone there to stay at her parents place for 4 days and now its almost a month that she is not back..not that we didnt call her back.
    But now i am in 2 minds weather to get her back and try to change her mentality but on the other side I find this as a risk as once we are back she can make any false allegations . Can you suggest me what legal action can be taken on such case.
    Divorce can also be thought of if things realy go out of hands so I need to know all the options. WHat would be the grounds of divorce..

  54. 54 atan

    hello sir ,
    pls reply my posting ,
    I am married to my wife frm 20 months . we r living together . v married in india.
    but i work in uk and get my wife here soon v get married.
    but v have got lots of trouble in the who way .v both want to get seperate on mutual consent .
    what is the best possible way v can get leave each other and take a legal divorce . our marrige is registerd in india.
    my wife dont work here in uk . and with one working person its hard to stay in uk.
    so v both want to leave each other. on the other hand my wife dont like uk and she want to bck india where as i want to live in uk .
    how long will all the process take . what can be the faster process. can v apply for this in uk .
    or is there any sort of power of attorney on which we can remarrige to someone else .

    pls reply to my questions asap.

  55. 55 xyaz

    I’ve been married since 4 years and i have one daughter of 2 years old.
    We had a arranged marraige but could not maintain the good understanding and always there is a quarrels between us. She do’nt like my parents. Even she want me break the relationship with parents. If they come at my house, her behavior towords them is very bed. I am the oly son of my parents. She want me to leave like she want. she always beet our daughter. Her parents are supporting her at beck end. She made aligations like I sleep with my sister. Her There is no peace in my house from last four years. She want me deposit all money on her account. Some of her relatives told that she had inherited this behavior from her mother.

    I have decided to leave her and get divorce from her and very difficiult to stay with her. we are having the quarrel nerarly every day from last 4 years.
    Its not diff to stay with her, coz of the quarrel i am not able to concentrate on my work and always disturbed.
    She is not working anywhere and even doesn’t like to work.
    I want to get divorce from her asap.
    What will be complications in that?
    What is the procedure?

    After years of marraige,
    What abt the child, she is jsut 4 years. With whom she will stay?

    Could you plz advice me?

  56. 56 Ganesh

    I have been married since 11 months. Before marriage, my wife was not living with from the first day of marriage.
    I asked her what is the problem with me. Why do u behave like this? But she refused to answer. After 10 days, she fighted with me and she went to her home.Then the next, she was missing. I searched her and also I asked her parents too. They told me that “we do not know”. Then I waited for four months. She did not come back. Then I gave the compliant to police station to find out my wife. But the police inspector was not taken the neccessary actions. Then after two months, I gave the another compliant to womens police station. Then they were taken the action, investigated with her parents. With in two days, she came back to police station and told me, I donot live with you. We can seperate each other. Then I agreed and I applied petition to family court. I dont know why she appeared in court. Now the third hiring will come on next month. What to do now? Will I get the divorce as soon as possible? What I did, why people are like this?

  57. 57 jasmine

    Hi jasmine i got british citizenship in 2007 may and originally I am indian, and i got married in india in Jan 2001.I had some mental harreshment and physical harrashment in september 2007 i have visited Cab in didcot reagading divorce advice like i got married in india so where can i appraoch for divorce i mean where can i apply for divorce that time i was adivsed by CAB that i can get divorce in India,so i applied for divorce in India and i got it now. now i got married again in India and have applied for my husbands settlement visa, british high commission has asked me to bring UK divorce certificate which i dont have so please advise me how to deal with this problem. when i visited CAB i was told that i have to apply divorce in India it was verbal conversation that time so i do not have proof to support my reason to british high commission that because I got married in india i can get divorce in India so please advise me what is the actual process of divorce where i have to take divorce, in India or Uk?

  58. 58 Jaan

    Was married in India. We are US citizens living in USA. Can we get divorced in India and if so do we need to have a follow up divorce in USA?

    Will the Indian divorce count here? Or should we divorce in USA?

  59. 59 nayan

    my wife has b1/b2 visa and now she born her child at usa. now she tell me that she don’t want to come in india. no i want divorce from her. it is possible to take divorce if i put file in india?


  60. 60 Gunak

    my problem is that i have work permit to work in USA but my husband is dependant on me and does not work at all..the problem is that as told by him before marriage that he is CEO of some company but after marriage we came to know that he is not working anywhere now it is almost 3 years and still he is not working and is with me in USA and is dependant on me at this moment also..He always harrases me and dominates me…so being thought many timesi have decide to take divorce …Guide me I am in USA and we got married in INDIA..can i apply divorce in india and i have to be present in india aswell to file a case………

  61. 61 MT

    me and my husband are living seperately for the past 8 years and now both of us have decided voluntarily for a divorce. we are christian and residents of india. All the lawyers say that this will take not less than 6 months but I’ve heard that since we are already seperated for more than 7 years and we both agree to it then it should not take longer time.

    can you tell me how can divorce in my case be done fast.

  62. 62 Vinod Naik

    Dear Sir,
    I have completed three years of my marriage life. But my wife is making me more trouble. i belongs to GOA & she belongs to pune. For vacation she is not interested to come my native place. she hates my parents.I have son of one year. Now i got a good job in Hubli. Its near to Goa. Even she is not interested to come there.What to do sir. Always she quarel with me. Now i am fad-up with this think. If she is not interested to come with me, then it possible me to take my son. even i m ready to keep her with me. But not interested. Please suggest. I m not interested in second marriage. If she is not ready, then i need my SON.

  63. 63 Xeta

    I married on Aug, 2008. After 2 months 10 days my wife left me and went her fathers house. Now, she is not willing to come to our house. For the last 1 months and 15 days she is living in her fathers house. After repeated request by my family members she is not coming and recently has expressed her willingness to seperate. She and her family has given a number of allegations e.g. physical and mental torture, not getting food, sexual problem etc. etc. All these are totally baseless and I wonder how a dependant lady can take such a dangerous decision in just 2 months and 10 days. The only mistake from my side is that I didn’t have had sexual intercourse with her in that period as we both agreed to do it after her exam which was scheduled in 17-26 oct, 2008. But when she went her fathers house to sit for the exam on 15 oct, 2008 after that she never came and started giving continuous allegations against us. Please advice what to do next.

  64. 64 anjali

    hello sir,

    me and my husband go married in india i am an American resident but yet we did not show ourselves as married and apply for visa cause of the amount of time it takes. so he was to come here in working visa. which he is not interested anymore. i want to file a divorce which i haven’t consulted with him yet. but nevertheless what steps do you think i should go about doing. in this situation. neither of us are interested for this to continue that we are sure. and we have been separated for 2 years now. and i really dont think there is anything to this relationship. we have stopped talking for more than a year now.

    thank you in advance for your reply

  65. 65 Nazir


    I M in little confused.
    I would like to know that is there any LAW says that a girl after getting married,Her husband left her after very soon of 3 month of marriage,She got many troture from her husband’s family and his husband too.Husband asked for Divorce and both agreed and they got divorce too. Is there any Rules says that after divorce a girl cant married to any one for atleast for one year.????

    But after few years the Girl got a another person in her life and now she is Happy with her and want to spend her life with him,but unforunately the ex-husband comes back and says he want her back in her life. Is there any rules for that?

    I want to know that being I m Muslim and she is Hindu caste,Is there any Rules says that we cant get married to each other? As I feel that all human being are one and we are only the person in the world to make all these caste differenciation. I belive in one God but I want to know that My thinking is upto wot marks correct.
    Will I be able to get married to the girl anytime or not?
    I want her Happiness and on mine happiness but OUR both Happiness forever.
    Is there any LAW which can help me out from this stitution for sure?

    much more still to know but right now want to know abt this…..

  66. 66 Rajini

    Its nearly 3 years i got married but i have stayed with him for 2 years and now its nearly 11 months we have
    been living sepeartely..
    i got married in march 2006 and after 5 months i came to between 5 months i had many problems
    with my in-laws..the situation became so worst that they have asked for divorse but due to elders interference
    everyone decide to go and stay with my husband since he was just 1 week with me after marriage..
    i went in august 2006 as H4 to US..i was dependent on him..
    it was more worst staying with him ..he always uses bad words and scolds me for no reason and his
    verbal abuse is so embrassing and i can’t take it more…daily he speaks to his mother and sister they guide
    him and he reacts badly with me..i got EAD(employmaent card)in order to work in dec 2007 but he doe’nt like me
    to work..since 6 months i have been trying to get job meanwhile my husband became so aggressive and used all worst
    words and that made me depressed and i went to kill myself one day but he kept quite on that day and next day
    he has given complaint to cop saying i have slaped him and tried to kill myself..then cops came to me and they
    handcuffed me took me to the hospital for check up..i was for 5 hrs in hospital,doctors gave a report saying that
    i am noraml and not depressed nor anything..but the doctor advised me not to go back home and he said to live
    some where far from my husband and my uncle came to hosiptal and took me to their home and i got a job in US and i was
    working on EAD from june 2008 till nov 2008 my ead was expired on dec 3rd and he refused to renew it and
    and refused to take me backhome and i had no choice to stay in US..i came back to india in dec 2008 and
    later after 2 months their parents are asking for mutual divorse…

    My question is..i have been living sepeartely since may 15 th 2008 ..i am ready to go backto my husband..i have
    tried my best to convience on phone and willing to stay with him in US but he had no interest..i had no choice i
    came back to they want mutual divorce..
    i do’nt want to give him divorce..what can you suggest me..
    i really need help and advice ..

  67. 67 Anamika

    Hi Sir,

    I got married recently 3 month back and the marriage was kind of forceful marriage.
    All my parents and my husband’s parent pressurized me to get marry given a very less chance to respond. Now realizing everything I don’t want to stay with that guy anymore and I am looking for divorce. I have very hard feeling to continue so want to take this decision. Please advise me to proceed further because every day now is just like hell for me.
    Thank you,

  68. 68 karishma

    i have completed 13 years of my marriage was love marriage and we are living seperately from 3 years.i have decided to take i cant live with him because of his behaviour with me.he is little bit psychic,drinks 2much and harrase me alot.2 times i was tried to committe a suicide.when its was over the limit i left the home.i have a 10 years old child living with husband is not allowing him to meet me also.i want my child to live with me.he is neither ready to give maintanco nor child.pls tell me what i hv to do? how can i get custody of a child .pls help me.i am a working lady.

  69. 69 Bhai

    Dear Sir,

    I have been married for the past one year. I am staying outside India. After 3 months of marriage, I have brought my wife to my place. Before marriage, I had exchanged certain emails wherein I did mention to her the type of person I am and what I expect from her. She made promises saying that she would not give a chance to complain and agrees to all my conditions. However, after 3 mionths of marriage, she told me that it would not be possible to adhere to the promises she had made. Also, her mother is instigating her. I tried to reason with my wife. My wife has gone back to her mothers place. Now they are laying false claims that her daughter suffered with me and i have been crual to her. Actually, no such thing did happen. I would like to know what to do, if my in laws file a divorse suit against me. Do I have to pay compensation to my wife. Please let me know.

  70. 70 Priyanka Kapoor

    Respected Sir,

    Me and My Husband want to seek a “Mutual Divorce” but are not clear about the fact whether you need a single lawyer or two lawyers for each side. Since, he want to remarry and I want to move ahead in life. can you please advice the best way out. We have “no children” and have been living separately since four years.

    Thanks in advance.

    Priyanka Kapoor

  71. 71 Pinki

    Is physical presence essential to get a divorce in India for NRI people or it can be done by web conferencing?

  72. 72 paul

    Hi … It was very useful web site …

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