How to File Divorce in India

How to File Divorce in India

In India, Divorce can be obtained through 2 ways

  1. Mutual Consent Divorce
  2. Contested Divorce

Two other things which are very important while discussing about Divorce is Maintenance & Child Custody. Judgment of maintenance is given after considering the income of the husband. Stronger the financial condition, more will be the maintenance amount given to wife.

Child Custody is also a big problem in Divorce cases. Husband & wife can decide whether they would like to have joint child custody, shared child custody or single child custody.  Usually Courts hand over the custody of children of 7 or less than 7 years of age to the mothers and children above 7 years of age to Father, if Father is able to prove that mother is not sufficient or capable enough to take care of the child below 7 years, custody of the child will be given to father.

How to file Divorce in India with Mutual Consent?

The first condition of Mutual Consent Divorce is that the husband & wife should be separated from each other from past one year.

Following are the steps which should be followed for Mutual consent Divorce:-

  1. File Petition for Divorce in which it is mentioned that the divorce is being filed with mutual consent.
  2. Statement of both the parties being recorded in Court & duly signed by them.
  3. Court provides 6 months period of time to both Husband & wife to rethink and give one more chance to their relationship.
  4. After the completion of 6 months period, Husband & wife are called for final decision.
  5. In the last hearing, Court gives its final judgment.

Mutual Consent Divorce is the easiest way to get divorce from your spouse. In 6-7 months, one can get divorce through this way.

What is the divorce process in India with Contested Divorce.

In Contested Divorce, one party is ready to take divorce and the other party is not ready to give divorce. The agreed party has to contest i.e. fight against the other spouse. In India, one can file for contested divorce only if the complainant is facing some mental or physical cruelty from other spouse, desertion, mental disability of the partner, impotency of partner, adultery etc. In this case, the aggrieved party for Divorce has to file a case in Court with evidences. Divorce will be granted only when the complaining party proves that he/she deserves to be granted for Divorce. Following are the steps which should be followed for Contested Divorce:- 

  1. The ground for Divorce should be very clear.
  2. Collect Strong evidences for the allegations that have been imposed on other party.
  3. File petition for Divorce in Court along with other important evidences & documents.
  4. After filing of Petition, Court will send a notice to opposite party. If the Opposite party is not present in Court despite of receiving notices, Court will give ex parte orders and Divorce will be granted on the basis of petition filed & evidences submitted.

If the Opposite party is present in the Court, Judge considers the matter from both the sides and tries t resolve the issue.

  • If both the parties are unable to resolve the matter till this stage, then the party filing the case gives written petition against the opposite party. This should be given within 30 – 90 days.
  • Once the filing procedure is over, then the Court decides what is to be done further.
  • Court will start its hearing and will look into the matter from both the sides considering their evidences and other papers.
  • After analyzing all the factors, Court give its judgment.

This is a long process. It may take weeks, months or years.

Understanding Divorce: FAQ Guide India

In India, grounds for divorce include adultery, cruelty, desertion, conversion, mental disorder, incurable disease, renunciation, and presumed death. Specific laws may vary for different religions, including Hindu, Muslim, and Christian communities.

The divorce process involves filing a petition, serving notice, attending mediation, court hearings, and obtaining a final divorce decree.

Mutual consent divorce is when both spouses agree to divorce amicably, without disputes, and file a joint petition.

Yes, in mutual consent divorce, there’s a mandatory waiting period of 6 month between the first and second motions.

Documents needed include marriage certificate, ID proof, address proof, photographs, evidence supporting grounds for divorce, and financial statements.

Yes, you can file for divorce without a lawyer, but legal guidance is recommended to navigate court procedures and paperwork.

Alimony is financial support paid by one spouse to the other after divorce. It is determined based on factors like the spouses’ income, duration of marriage, financial needs, and the standard of living.

Child custody decisions focus on the child’s best interests, considering factors like stability and parental involvement. Child support ensures financial support for the child’s needs, typically based on parents’ income.

Yes, you can contest a divorce petition by filing a response, presenting your reasons, and participating in court proceedings.

The divorce process can take anywhere from a few months to over a year. Factors influencing the timeline include the jurisdiction, the complexity of the case, whether it’s contested or uncontested, and how quickly both parties can reach agreements.

After a divorce, joint property is usually divided equitably between spouses. The division considers factors like each spouse’s contributions, financial needs, and any existing agreements or court orders regarding the property.

Yes, a divorce can be filed in a different state or country, but jurisdiction rules apply. Residency requirements must be met, and laws may vary, affecting the divorce process and outcomes.

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