Process to file for divorce in India

Process to file for divorce in India: The legal dissolution of the marital relationship of husband and wife is defined as divorce in India. The divorce process in India has a total of six stages, starting with the filing of a divorce petition and ending with the declaration of the final order. The total six stages of the divorce process are as follows: Filing of the petition, Delivery of summons, Response, Trial, Interim order Final order, etc.

The process of divorce in India varies according to religion but according to the Indian divorce laws, there are two main procedures for filing a divorce in India one is mutual consent divorce and contested divorce.

Process to file for divorce in India
Process to file for divorce in India

Mutual Consent Divorce

It is a simple method for dissolving a marriage when both husband and wife mutually agree to a peaceful separation of marriage; it is referred to as Divorce by Mutual Consent.

Contested Divorce

When one spouse decides to divorce their marriage without the consent of the other, it is known as a contested divorce.  It is done with the assistance of a lawyer. The court notifies the other spouse when one of the spouses files a petition.

How to file for divorce in India?

Hindus, Sikhs, Jains, and Buddhist’s divorces are governed by the Hindu Marriage Act, 1955. Christians, Parsis, and Muslims have their own divorce laws and inter-caste marriage divorces are governed by the Special Marriage Act, 1956.

Also Read: 8 Reasons Why Women Not Conceiving Easily

The procedure for filing a Contested Divorce in India

When it comes to filing for a contested divorce in India, Some documents are necessary to substantiate the grounds for the divorce filing. Husband’s address proof/address wife’s proof Photographs of the husband and wife’s marriage certificate, Professional and financial proofs, as well as evidence.

In Contested Divorce, a certain procedure must be followed by each individual.

Filing a divorce petition

An Individual seeking a divorce must file a petition with the relevant court with the assistance of a lawyer. Depending on the jurisdiction, it would be filed with the appropriate family court, after all the conditions of the petition are met.

Delivery of summons

The court issues the summons which claims that their spouses have already initiated divorce proceedings.

Response

The party who has received a summons must appear in court on the day specified in the summoning. If a party fails to attend in court, the judge can render an ex prate decision.

Trail

Both sides must appear in court with their witnesses and evidence, and the judge must hear both parties’ petitions.

Antrim Order

Either party can file a petition with the court requesting a temporary order on child custody or maintenance and interim orders are given if the judge is satisfied with the hearing.

Final order

After all of the processes, the court makes a final decision on divorce based on the evidence, witnesses, and legal arguments. If either side is unhappy with the court decision, he/she has the option to appeal to a higher court.

The procedure of filing Mutual consent divorce India

For a divorce by mutual consent, the parties would be needed to submit many documents such as proof of address, wedding photos, marriage certificate, and husband and wife’s professional and financial information. Evidence of unsuccessful attempts at reconciliation of both parties, income tax statements, details of the husband and wife’s property & assets, and background information on the family are required to file for mutual consent divorce in India.

The method for filing for mutual divorce in India is as follows:

1- A petition is prepared which explains why both of your partners have agreed to divorce and why you are seeking a divorce.

2- Petition is filed jointly through the counsel concerned before the Family Court

3- Thereafter, the court issues an order for recording the recorded affidavit after reviewing the petition and supporting documents.

  1. In this step, both the husband and wife are allowed a six-month cooling-off period in the hopes of reconciliation.
  2. If there is no reconciliation even after 6 months, both parties must attend the court for the final hearing. Parties must present for the second motion within 18 months of the filing of the divorce petition
  3. The court issues a divorce decree dissolving the marriage in the final hearing.

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