Divorce

In the fast-emerging world when the equality of gender is becoming a norm rather than the exception, differences of opinion between the married partners leading to parting ways is increasingly gaining ground. It is much easier to obtain a legal divorce with mutual consent rather than by just one party.  Divorce under mutual consent takes about 6-10 months’ time whereas contested dissolution of marriage case not only takes much longer but also entails hefty legal fees by both parties.  It can be based on either a one-time settlement or as agreed upon between the two parties.  While granting the divorce, courts take into account various aspects including distribution of property, child custody with visitation rights besides alimony or maintenance.  Grounds seeking a divorce may vary. 

Cases of seeking an ex-parte divorce in a foreign land usually by husbands leaving their spouses high and dry with little support in view of exorbitant legal fees are becoming the fashion of the day.  In such cases, affected parties are advised to seek aid and advice of our Missions abroad.  As per the guidelines of the Supreme Court of India, the divorce granted in a foreign land will not be recognized by the courts in India if the judgment is not based on the merits of the case and/or on the grounds not recognized in India for divorce.  An affected party, in case of ex-parte divorce abroad, if the marriage had solemnized in India as per Indian rituals and laws, can approach Indian courts for relief.