How To File Divorce In India ? +91-8877001993

 In India, the divorce process would be initiated after a petition for divorce has been filed in the Court of law. Numerous provisions have been provided by the law which are applied based on the circumstances leading to divorce. There will be personal laws at play, or if the divorce is a decision taken by a couple unanimously, or if either of the partners to the marriage feel that they can not continue to remain in the relationship, divorce procedure would be initiated accordingly. In this  article we will discuss about the two types of divorces provided under the law and the documents required as well as process of contested divorce.

Divorce- 

Before we discuss the procedure to initiate divorce in India, we must first understand the term and its implications on both in legal and social terms. 

Divorce could be understood as the procedure leading to terminate one’s marriage. Once a divorce is finalised, the said could would be related to each other leading to change in their marital duties and liabilities related to those discussed in their divorce decree.  

The Types of Divorce 

Based on the circumstances of divorce, there are two kinds of divorce processes  provided under the law, they are:-

• Mutual Divorce: – when a couple has decided mutually to proceed with divorce, as well as deciding over all related issues including the matters of child custody, maintenance, alimony, property division, etc, they will file a joint petition for divorce by mutual consent.
• Contested Divorce: – On the other hand, when parties do not agree upon either the divorce or are conflicted upon some of the terms of their divorce agreement, they may apply for  contested divorce. A conflicted divorce could be initiated by either of the spouse based on the grounds provided by the law. These are:-

1. Cruelty
2. Adultery
3. Desertion 
4. Lunacy
5. Leprosy
6. Communicable Venereal Diseases
7. Conversion to another religion 
8. Renunciation of the world 
9. Presumption of Death etc.  

Thus, either of the spouses, could file a petition for divorce on the basis of these grounds, i.e. if the partner is being cruel physically, emotionally, socially, financially, etc. or has committed adultery, or has been presumed dead, etc. 

Thus, it is advised to seek legal assistance from an experienced advocate from Sharks of Law, in case you have decided to file for a divorce as he or she will be able to offer appropriate advice or the options you have in your case. 

How to apply for Contested Divorce ? 

When applying for a contested divorce, the following procedure would have to be followed-

• Filing Divorce Petition: The petition for a Contested Divorce would have be drafted by an experienced Divorce Lawyer. He or she shall prepare the petition based on the facts and evidence provided by you. After the petition has been submitted in the Family Court having appropriate jurisdiction, summons would be sent by the Court to the opposite party. 
• Reply by the opposite Party: After having received the summons, the other party would have to submit the reply to the Court explaining their side of story with the help of an experienced Family Lawyer in Delhi. 
• Interim Decision: The Court after going through the facts of the case, may forward the case for mediation as a final attempt so that the parties could sort their issues amicably or at least could discuss their issues calmly.  
• Evidence Stage: In case, the parties are unable to sort their issues even after mediation, the proceedings for divorce would continue, where the parties would have to present their evidences in the Court, following with the stages of  examination and cross- examination. 
• Argument Stage: After the above stage is completed, the parties would be called for a final argument. Based on which the Court would order the dissolution of marriage.  
• Final Divorce Decree: Concluding the above procedure, a final judgement would be passed by the Court, based on the facts and evidences presented before it, if it believes it necessary, the Court would pass a decree for divorce. 

In case either of the parties to the divorce disagree to divorce, an appeal could be filed by them within a period of 3 months from the date the decree was passed by the court. 

Documents for Contested Divorce 

One would have to prepare the following documents when filing for a contested divorce in India:-

• Proof of address of parties
• Marriage Photographs 
• Marriage Certificate
• Evidence to prove the grounds on which divorce is applied for
• Financial Statements of the couple
• Professional Details of the couple

Summing up, the proceedings for Contested Divorce are lengthier as compared to divorce by Mutual Consent, as in the later, the parties have already come to an agreement regarding various issues, while in a contested divorce, matters related to maintenance, child custody, alimony, separation of the property.

Sharks of Law offers you a team of experienced advocates who can offer you most favourable options for your situation. Thus, in case you wish to talk to a lawyer online or seek legal counsel for matters related to divorce, child custody, maintenance, etc., you may contact us. 

Email:-helpdesk@sharksoflaw.com

Help Desk:-+91-88770-01993