Can I Go Abroad During Divorce Case In India?

Can I get married while my divorce is in process in India?

Till the time your Divorce proceedings are pending in Court, whether its Contested or Mutual Consent Divorce, you cannot legally marry another person.

As a matter of fact, you cannot marry again till the expiry of 6 months from the date of Divorce.

*I’m assuming that parties are governed by Hindu Marriage Act..

Second marriage, during the subsistence of the first marriage, is illegal in India and the relationship arising from the same does not have any validity. … After 1955, with the help of the aforementioned provision and Section 11, Hindu Marriage Act, second marriages came be declared null and void ab initio.

Can a married woman marry again without divorce?

No. You cannot get married without getting a divorce order from the court. It is an offence under the Indian penal code to get married while one has got a spouse living. … If your partner is ready to file a joint petition for divorce, it will be got by 6 months time.

Can I leave the country with a pending divorce case in India?

Advocate Pankaj Mehta There will b no problem ,she can freely leave the country after filing of divorce by mutual consent. Once u file a petition a date will b given when your statements will b recorded n thereafter order on first motion will b passed.

How long can a divorce case last in India?

So in case of divorce by mutual consent, it usually takes 18-24 months. In case of a contested divorce, the period is longer, ranging from three to five years because of complications and possibility that either party can challenge the decision in the High Court and Supreme Court.

What is new divorce law in India?

New Delhi: Cutting off waiting period for divorce by six months under the Hindu Marriage Act, the Supreme Court on Tuesday ruled that divorce can be granted without the mandatory 18-month period of separation between the couple.

How much does a divorce cost in India?

The cost of filing the petition for divorce is nominal in India, at around Rs. 250. The main cost, of course, is the advocate fee, which varies significantly with the advocate you choose. Every lawyer will charge you separately per appearance and for any consultation and paper work.

Can I take my child out of the country?

Parents with sole custody are granted permission to travel out of country with their children without permission from the child’s other parent. However, to do so, the parent with sole custody must show the court-ordered custody arrangement to obtain the child’s passport.

Can you travel during a divorce?

A vacation is probably a much needed respite for a parent going through a divorce, and could give him or her an opportunity to bond with the children. Generally, it is permissible to travel with your children while you are going through a divorce or custody case, depending on the circumstances.

How can I get quick divorce in India?

It’s a faster and hassle-free mode of divorce. Under this, both parties file for divorce petitions. They are asked to stay separately for six months, and even after six months if they still want to go forward with the divorce, both the parties are called before the judge and divorce is granted.

What are the 5 reasons for divorce?

Currently, the five possible grounds for divorce are: adultery, unreasonable behaviour, desertion, living apart for more than two years (with agreement) and living apart for more than five years (without agreement).

What if husband wants divorce and wife doesn’t in India?

If the wife is converted into another religion without the consent of the partner then it that case the husband can file a petition for divorce against the wife in the family court or in the district court.

Can you take a child out of state during a divorce?

You can travel with your children out of the state or the country with the written consent of the other party or a court order. Parents often agree that children can go out of state during the divorce process. … However, at a minimum, parents need to have written consent before leaving the state.

Can I get divorce without going to court in India?

No it is not possible for you to take divorce legally without going to court. If both parties are ready than go for Mutual Consent Divorce in which case you will have to appear in court only 4 times on different dates. If your marriage is legally solemnized than only way for legal divorce is through Court.