How To File Divorce In India | Divorce Law FAQ

The husband usually gives some living allowance to his wife. Under Section 25 of the Act, whatever allowance is given by the husband for the maintenance of the wife is called Alimony Permanent Allowance.

The new rule of divorce in 2023 is that where there is no possibility of agreement between the spouses, the cooling period of six months can also be waived at its discretion.

As we all know if a partner is not getting along well then they can take a divorce. But can divorce be taken after 1 month of marriage, friends it is not so, partner will have to wait for at least 1 year to get a divorce.

There are two types of Talaq Mukhtar, Mutual Talaq and Disputed Talaq. As we all know divorce takes place either with the consent of both partners or the decision is one-sided.

No newly married couple can get a divorce immediately after marriage. If any person wants to get a divorce, he will have to wait for at least one year. As you know, according to the rules of the court, if the partners remain married for one year, then they are divorced.

Friends, there is no direct answer to this because it depends on many questions like how complex is the case, how long the case lasts, and how experienced is the lawyer. If we make an approximate calculation then the cost of getting a divorce is It costs approximately Rs 5000 to Rs 1 lakh.

If someone has left his wife or has divorced her, then the woman can demand her rights under Section 125.

Friends, according to the rules of the court, if the husband wants a divorce and the wife does not want a divorce, then in such a situation the husband can take divorce on one hand, which is also called disputed divorce. On the one hand, to get a divorce, the husband will have to give evidence to the court as to why he wants to get a divorce. If the husband does not have any concrete evidence then he cannot take divorce.

Friends, if the child is small then after the divorce the responsibility of the children will fall on the mother whereas if the child is intelligent then he can live with anyone as per his choice. But the mother always gets the custody of small children. Sometimes, considering the situation, the court can give this custody to the father.

After divorce, you get separated from your husband and his family and after this, you are left with only loneliness and despair. After divorce, you can also get married again.

To take divorce, one can take a divorce only if one has been living separately for more than 1 year. If you are separated from your husband or wife for more than 1 year then you can apply for divorce.

If a husband is upset with his wife and wants to divorce her but the wife does not want to divorce her husband, then for this the husband will have to take a disputed divorce. Due to this, the husband will have to show evidence to the court as to why he wants to get a divorce. To get a disputed divorce, the husband must have solid evidence.

If your wife has been in her maternal home for a long time and she is not coming from there, then you can file a case against her in the family court. And if your wife does not want to live with you, then you can also divorce her.

Friends, there are always some fights between partners. But if there is a big problem that is not being resolved even after reaching a compromise, then you can file a request for divorce. I would suggest you try to reach a compromise before divorce.