Is an online divorce legally recognized across all Indian states
Yes, an online divorce can be legally recognized across all Indian states, provided it adheres to the legal procedures and requirements set forth by Indian law. The process typically involves filing a petition for mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955, or under relevant sections of other personal laws, depending on the religion of the parties involved.
However, there are a few key points to consider:
1. Jurisdiction -: The court where the petition is filed must have proper jurisdiction. This usually means the court in the area where the marriage was solemnized, where the couple last resided together, or where the respondent currently resides.
2. Mutual Consent- Both parties must agree to the divorce and file a joint petition. They must also appear before the court for hearings, although some courts may allow virtual appearances.
3. Cooling-off Period - There is a mandatory six-month cooling-off period after the first motion is filed, which can be waived under certain circumstances.
4. Legal Representation- Both parties should ideally have legal representation to ensure that all legal formalities are correctly followed.
It's important to note that while online procedures can facilitate the process, the final decree must be issued by a court of law to be legally binding