Advocate Sachendra Saraf

In case one partner withdraws from the divorce by mutual consent proceedings and the other partner is still willing to go ahead with the divorce, they will have to file a fresh application for a contested divorce. For more details on contested divorce, please click here.

Yes. Divorce proceedings are governed by personal laws as per the religion of the partners concerned.

Suit for Annulment of Marriage is filed in Court when the aggrieved partners wants to terminate a marriage which is void-ab-initio, i.e., it is not a valid marriage since inception. For example: A bigamous marriage is a void-ab-initio marriage. The aggrieved partner in a bigamous marriage can file a suit for annulment.

Divorce is obtained from the court when partners want to terminate legally valid marriage.

Divorce petition is filed in the Court when either partner wants to terminate a legally valid marriage.

Divorce is termination of marriage. However, judicial separation is temporary suspension of conjugal rights. You can file a suit for judicial separation at anytime after marriage. However, suit for divorce can be filed only after a year of the marriage. A suit for judicial separation is filed when there is a scope for reconciliation in marriage. When there is no scope for reconciliation between husband and wife, a suit for divorce is filed.

Yes, you can file a petition for divorce on the ground of violence being committed by your husband and his relatives against you.