Answer:
Yes, divorce can be filed online in India at many courts that allow e-filing of cases but it does not grant you an instant online divorce in India. According to e Committee of Supreme Court of India, e-filing is the process of filing legal papers (petitions, replies, applications, and documents) before the High Courts and District Courts which have implemented the e-filing facility.
This means that a divorce petition can be drafted by your lawyer, signed (if necessary), put into permissible formats, supported by documents, and uploaded at the e- filing portal of the relevant court (if that court allows e-filing of divorce). According to eCourts official e-filing portal, “e-Filing is an end-to-end solution for the online filing of Plaint, Written Statement, Reply, and Applications pertaining to the cases.”
Divorce does not necessarily become an “online divorce” after e-filing the petition. The court may require scrutiny, there can be objections, physical verification, mediation, personal appearance for statement recording, evidence, and a final hearing can be ordered, as per the court, type of case, and local practice. Even if you are filing for divorce by mutual consent, both spouses may be required to appear for statement recording before the court, unless video conferencing or exemption from appearance is allowed by the court. If you are filing a contested divorce, the court may allow online filing of petition, but the hearings and evidence will be taken as per directions from the court.
Online filing of divorce is possible both for cases where spouses have agreed to divorce by mutual consent and when spouses want to fight the divorce case (contested divorce) as long as the concerned court allows e-filing of cases. Before filing the divorce, ensure that the divorce petition, jurisdiction of the court, proof of marriage, proof of address, identity documents, separation details, terms of settlement, child custody terms, maintenance details, and pending criminal case records (if any) are verified and checked.
HOW CAN ADVOCATE BK SINGH HELP YOU?
Advocate BK Singh can help you determine if your divorce can be filed online before the concerned court and help you identify if your case is appropriate for divorce by mutual consent, contested divorce, or if your spouses have agreed to a settlement that can be saved in the divorce filings. He can review your documents, draft your divorce petition, organize annexures, check if the court has jurisdiction to hear your case, draft terms of settlement between you and your spouse, and make sure you are ready for e-filing (where available).
For divorces by mutual consent, Advocate BK Singh can help you identify and draft clear terms for alimony, maintenance, child custody and access terms, visitation rights, return of personal and marriage articles, withdrawal of any criminal cases, and withdraw any future claims.
For contested divorce filings, Advocate BK Singh can review and help draft your divorce petition or your spouse’s written statement. He can help you organize evidence for your contested divorce and advise you on how to handle issues related to domestic violence, Section 498A cases, maintenance requests, custody battles, and mediation attempts.
Saving time with online filing is great, but poorly drafted divorce petitions and evidence can cause unnecessary delays. Advocate BK Singh can help you arrange your divorce related documents, draft divorce papers that are legally appropriate, and put them in the proper format so that the court accepts them without unnecessary delays.
By Advocate BK Singh
Supreme Court | High Court | Tribunals
