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 or what is the divorce process in India with Mutual Consent or How to file mutual divorce in India?

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.

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.

FAQ

Q. How to file divorce in India without a lawyer in India or what is the divorce process in India?

A. If you have no idea to how to file a divorce without a lawyer in India and no lawyer is suitable to handle your case, so you can learn to how to file a divorce without a lawyer in India and proceed to start a divorce without a lawyer. It must be complying with all the procedure before the court all by yourself. You need to produce the application either with the petition or after the petition has been filed. 

 

Q. \”How to file divorce in India without a lawyer\” , is it feasible in India?

A. Yes, \”How to file divorce in India without a lawyer\” is feasible in India

Q. How to file a divorce in India or what is the divorce process in India or How to file mutual divorce in india?

A. If You have have no idea to How to file mutual divorce in India You need to know There are two ways to file a divorce in India :

1. Mutual Divorce 
2. Contested Divorce

Q. How to file a divorce in India online or what is the divorce process in India online?

A. If your divorce is uncontested, filing online may be the way to go. Getting divorced online is a common way for couples to end their marriage. Many companies provide divorce forms online. These websites prepare forms for you based on the information you provide.