Yes, you can get a mutual divorce online, provided the court allows online hearings.
Mutual divorce for Hindus, Sikhs, Christians, and Parsis is mainly about two court hearings (the first motion and the second motion). These two hearings can be conducted online.
The only physical part on the side of the parties is the attestation of case papers, but this can be done at the current location of the parties seeking divorce. The other physical part is the filing of the case, which is taken care of by the law firm that you hire.
For Muslims, if the Mubaratnama is executed, then there is only one court hearing, which can be conducted online.
No, you cannot get a contested divorce online.
Contested Divorce involves a lot of proceedings, like attesting papers, paper filings, summoning of the other party, examination of witnesses, etc. All these proceedings cannot be conducted online.
But yes, online hearings can be availed of to get part of the proceedings online. Also, if you are remotely located, then you get the case papers attested at your current location. Another important thing to note is that a lot of proceedings are to be done by the law firm on your behalf, so in such proceedings, your physical presence is anyway not required.
In India, the court allows for online hearings in certain circumstances.
A few circumstances in which the courts have allowed for online hearings are listed below:
It is important to note that the decision to allow for online hearings is at the discretion of the court and may vary based on the circumstances of each case.
Below are a few judgements on online hearings in divorce cases:
In a landmark judgement in 2017 (even before the COVID pandemic), the Hon’ble Supreme Court of India in Amardeep Singh vs. Harveen Kaur (Civil Appeal No. 11158 of 2017) , while laying down conditions for waiving off a six-month cooling-off period in mutual divorce cases, held that “needless to say that in conducting such proceedings the Court can also use the medium of video conferencing.”
In a landmark judgement for NRI mutual divorce, the Hon’ble Delhi High Court in Sanjay Singh vs. Sukhpal Kaur, (CM(M) 486/2022) , held that divorce proceedings in such a case can be held through virtual hearings.
In a landmark judgement where husband and wife were living in different cities, the Hon’ble Delhi High Court in Mukesh More vs. Soni Kumari (MAT.APP.(F.C.) 9/2021) , held that the person living in a different city can appear online.
You need to contact law firms that have created online divorce forms . One such form is Mutual Divorce Online Form . Another innovative form is Mutual Divorce WhatsApp Form , which can be filed through WhatsApp. There is no such portal from the government’s side or from the court’s side where parties can themselves apply for online divorce.
But what happens when you fill out a divorce form created by any law firm?
When you fill out a divorce form on the portal of any law firm, they will contact you to take up your case. It’s important to note here that filing an online divorce form on any law firm’s website does not mean that a court will grant a divorce online.
If you are looking for online court hearings, then you need to inform the law firm that you hire of this so that they may prepare your case file accordingly. Every law firm has its own way of working.
Yes, it is a very good idea if you are in need of online hearings.
For instance, if you are living abroad or your partner is in a different city, or if there is any medical issue or any other issue due to which you cannot travel to court, then you can inform the law firm that you hired of the situation so that they can request the court for online hearings.
Yes, online divorce is legitimate, provided the online proceedings are being performed by the concerned court itself . The law firm that you hire can facilitate such proceedings.
It is important to ensure that any online divorce service used is reputable and trustworthy and that the divorce documents are prepared accurately and in accordance with local laws and regulations.
Yes, if it’s a mutual divorce and the court allows online hearings, then you can get divorced without physically going to court. In a contested divorce, it’s not possible to get divorced without physically going to court.
‘Online divorce’ does not mean “quick divorce.”
Online divorce only means that certain divorce proceedings are conducted online, so the time limit remains the same as if all the proceedings would happen physically. Furthermore, the Indian legal system is still in the process of adapting to the digital age, and there may be some challenges in implementing and regulating online divorce procedures effectively.
No, it is not possible to get a divorce decree online in India.
A divorce decree is prepared by the Family Court after the divorce case ends, and court orders and decrees for the Family Court are not uploaded online due to privacy issues. To get a divorce decree, you need to contact the concerned court.
