Legal Question in Family Law in India

Divorce procedure after 7+ yrs of separation

1. After 7 yrs of separation, is it easier to file and get a divorce?

2. Is it possible to file case in High court straight away and at any location where one is settled at present or even after 7 yrs separation period one has to file case at place where marriage was sloemnised?

3. If its possible to file case anywhere can the other party request for transfer of case where he/she is settled? In that case can an objection be put up by first party?

4. How fast one can get divorce/decree once this separation period of 7 years is taken into consideration.

5. Is it as fast as divorce on mutual consent?

6. Anyother advantages one can get or look for after filing divorce after staying separate for 7 years or more.

7. Can the first party prove the loss of interest and no feelings between the partners as reason for asking divorce after such a long separation of 7+years?

Please reply point wise. I will be grateful.


Asked on 4/22/08, 3:22 am

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Divorce procedure after 7+ yrs of separation

answer to last questions first :

the grounds for divorce are given in Hindu Marriage Act. Loss of interest or feelings between the parties is not one of the grounds for divorce.

Instead of asking hypothetical and academic questions, you are advised to seek opinion of specific facts of your case by writing all the details from the date of marriage onwards.

separation itself is no ground for divorce though one can seek dissolution of marriage on the ground of "desertion" by providing proof that the party seeking divorce was not guilty of separation.

number of years of separation has no relevancy.

place of jurisdiction has also been provided in the Act.

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Answered on 4/22/08, 3:31 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Divorce procedure after 7+ yrs of separation

Your answers to your query are herein mentioned:

1. Yes it is possible provided you dont have any differances of disputes arised.

2. As far your case is concerned place of jurisdiction will be your place of marriage.

3. That is futuristic but yes case case can be transferred as long as you hold the domicile of that state/city.

4. Solely depands on the courts discretion.

5. No.

6. More details needed.

I would advise you to contact perosnally alongwith the details.

Please take a prior appointment and consult personally.

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Answered on 4/22/08, 4:50 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Divorce procedure after 7+ yrs of separation

1)Separation cannot be the ground for divorce. You have to prove desertion.

2)Not possible. Place of marriage or place last resided

4)depends on court's discretion whether to grant divorce or not

5)No

6)No

7)no

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Answered on 4/22/08, 6:42 am

Re: Divorce procedure after 7+ yrs of separation

1. As such 'No'.You have to adopt same procedure.

2.You have to file case in lowest forum

3.No.party can get the case transfered if grounds for transfer exist.

4. Minimum 3-4 years.

5.Yes.

6.No.

7.No.

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Answered on 4/26/08, 1:53 am


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