Following are the ways through which you can file for divorce in Andaman and Nicobar.

Apply In-Person:

1. Before applying for divorce, decide whether you and your spouse agree on the divorce terms.
2. If you both agree on the divorce terms then you can file for divorce by preparing the necessary documents mentioned in the below section. If you don’t agree the divorce terms then you need the assistance of a lawyer.
3. Make sure that you have submitted all the proper documents to the lawyer mentioned in the “Required documents” section below.
4. Now the lawyer files a petition in the concerned court of your district.
5. Refer the location of court in the “Office location & contacts” section below.
6. After some period, the court calls for hearing. Make sure that you have met all the requirements for completing the hearing as insisted by the lawyer.
7. Lawyer will notify you about the date and time of your court hearing
8. At the time of hearing, the petitioner has to prove that they are not together for more than one year.
9. Once the hearing is over, the court gives a period of 6 months to re-consider their decision.
10. In case the petitioner does not withdraw the petition, the judge will grant your divorce and set the terms.
11. The full agreement between you and your spouse will be “ordered” by the judge in a divorce decree.
12. Make sure that you get a certified copy of your divorce decree.
    
    

Apply Online:

• There is no facility to apply online instead you can download the application form from the official court website of your district by visiting the nearest CSC/e- Corner.

Following are the list of documents that has to be submitted to the lawyer to file for divorce

• Proof of marriage
• Identity proof of both parties
• Passport size photograph of both parties
• Evidence proving spouses are living separately since more than a year.
• Details of properties and other assets owned by the petitioner
• Financial Affidavit
• Notice of Hearing
• Settlement Agreement
• Custody agreement

• Click on the link to know about the court location in north and middle Andaman.
• Click on the link to know about the court location in south Andaman.
• For more details, visit Contact

Applicant should be the resident of Andaman and Nicobar.

Explain the fees structure which is required for obtaining the certificate/document.

Once the divorce is granted it cannot be changed.

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Processing time depends upon the cases.

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The marriage performed in India as per any caste customs, is recognised as a valid marriage. If the couple agreeing for mutual consent divorce, it may take a minimum period of six months. Any of the spouse is absent during summons, an alternate service of summons will be done so that the case can be decided exparte, within three to four months. Alimony is not granted by court in mutual divorce and mutual consent is not challenged. But duration in case of a Contested Divorce, ranges between 2 to 4 years. The divorce process in India is tremendously challenging both emotionally and financially.

The judicial system has a vested interest in protecting the institution of marriage. For this exact reason, Indian family courts demand reasons like cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind, Impotency, Adultery etc. for Grounds of Divorce which can be uniquely called Matrimonial Offences'. The divorce process formally starts when a spouse files a petition for divorce via a lawyer and a divorce notice is sent out to the other party. In Contested Divorce Petition, the courts typically would send the couple to counselling or a mediation service and impose a waiting period. This might lead to re-unification or an amicable split/divorce. Divorce case can be filed where marriage has taken place, where they started living soon after the marriage and prior to separation where the respondent was residing etc. Wife can also file a case from the place where she is living after leaving the matrimonial home. The main issue in a contested divorce is custody of children. There is no fixed formula as to who would be entitled to have the custody of children. In deciding issue of custody of children, the most important factor is the welfare of the children which is the paramount consideration in deciding this issue.

Types of DivorceEdit

• Mutual Consent - Both the spouses are in agreement that divorce cannot be avoided and they both opt for a "no fault" divorce.
• Contested Divorce - The spouse seeking divorce can file under the appropirate faith based law under which they got married or in case of civil marriage under the appropirate law under which they married or their marriage was registered.

Governing LawsEdit

• Hindus - The Hindu Marriage Act, 1955
• Christians - The Divorce Act,1869, The Indian Christian Marriage Act,1872
• Parsis - The Parsi Marriage and Divorce Act,1936
• Muslims - Shariat Law, The Dissolution of Muslim Marriage Act,1939
• Inter-cast/Secular - Special Marriage Act, 1954, The Foreign Marriage Act,1969

Major Grounds for DivorceEdit

• Adultery
• Deserting the spouse for two or more years
• Physical or mental cruelty
• Conversion to another religion in case of religious marriage
• Incurable disease such as leprosy, venereal disease in a communicable form
• Insanity, unsound mind or mental disorder
• Renounced the world by entering any religious order in case of religious marriage
• Unheard of as being living for a period of seven years or more

Following are the required information to file for divorce

• Petitioner details.
• Residential details
• Contact details
• If there is a child then the details about child’s custody

Certified copy of divorce decree is helpful in the future for many things like getting re-married, buying a house etc,.

Types of Divorce

• Mutual Consent - Both the spouses are in agreement that divorce cannot be avoided and they both opt for a "no fault" divorce.
• Contested Divorce - The spouse seeking divorce can file under the appropirate faith based law under which they got married or in case of civil marriage under the appropirate law under which they married or their marriage was registered.
  

Governing Laws

• Hindus - The Hindu Marriage Act, 1955
• Christians - The Divorce Act,1869, The Indian Christian Marriage Act,1872
• Parsis - The Parsi Marriage and Divorce Act,1936
• Muslims - Shariat Law, The Dissolution of Muslim Marriage Act,1939
• Inter-cast/Secular - Special Marriage Act, 1954, The Foreign Marriage Act,1969
  

Alimony
Alimony is another important aspect which must be taken into consideration.
The following are the factors that will be taken into determination while deciding the amount of alimony:

• Duration of marriage
• Age of recipient
• Health of spouse
• Respective marriage laws
• Child custody
• Financial position of either spouse

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

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