Procedure to File Divorce In India

How to file divorce in India is the most frequently asked question today. Things are changing and the circumstances and attitudes of individuals are also changing.

There are a lot of elements that are involved in the relationship, and to make it work individual involved in it needs to make adjustments accordingly it doesn’t go single-handed, efforts are required from both sides.

Because of the modernization of the country, women who use to remain within the four walls of their home is now more liberal in their thoughts and intellectuals.

Procedure to File Divorce in India?

Divorce starts with the filling of the petition in India and ends when the judgment is given by the civil court.

The divorce petition is filed by the one who wants to seek it. Generally, there are two types of divorce one is contested and the other is mutual.

Before getting into the procedure of divorce in India let’s learn what is divorce, through the court in India.

Divorce is nothing but the dissolution of the marriage by the court’s order. When the court grant the decree, it brings an end to all the rights and responsibilities of the spouses.

After learning the meaning of divorce, we must know how to file divorce in India.

Divorce application in India can be filled by any of the parties to the marriage, who want to get separation from matrimonial bondage. Divorce without mutual consent is called a contented one in which one of the parties to the marriage file the application and gets a divorce, it takes a long time to obtain the decree of divorce.

• On the filling of the divorce petition the court issues the summons and asks the other party to the matter to reply on same.
• Court grants six months to the matters the divorce to seek reconciliation.
• After six-month the court proceeds as per the wishes of the parties to the marriage.
• On the submission of the written statement and series of hearings, final arguments are made by the lawyer of both sides.
• After hearing both the party’s advocates, the court passes the decree.

New Rules for Divorce in India 2023

Some of the new changes in Divorce law are made below, let’s learn them one by one in a simple process of how to file divorce in India.

• Cutting the Six Months in Certain Situations

There is a provision of six months which is known also as the cooling period. In this period couples are given the chance of reconciliation on the thought of how to file get in India.

The reason is that there is a chance of a hasty decision of getting a divorce, therefore, saving the marriage period is allowed for rethinking.

This period is mandatory, but now it is the discretion of the court to decide in which matter period of six months to be observed and in which it is not necessary.

• Breakdown of Marriage and How to File Divorce in India

Sometimes there arises such a situation where it is not good for the mental, physical, and emotional well-being of the person to continue with the matrimonial obligations of the marriage.

If it is made clear by the facts and record of the matter that marriage has now remained a mere formality and the lives of the people within it have turned into hell then, and if court is satisfied then it will grant the divorce without following the requirement of the six months.

• Law of Maintenance is Available for Live-In

Maintenance is given to the spouse to maintain the same standard of living as before the divorce.

The Hindu marriage act 1955 makes provisions in this regard, if the marriage is not as per the Hindu act, then the person can seek the remedy of maintenance under section 125 of the criminal procedure code.

Live relations in India are taken as per marriage in the eye of the law. Therefore, as per the legal provision, the lady who is in a live-in relationship can take remedy under the criminal procedure code and within the protection of women from domestic violence act 2005.

• Adultery a Civil Offense

Under previous laws adultery is taken as a criminal offense, but this provision is removed from criminal law, and it is now only a civil offense. During the proceeding in some matter, the court observed that punishing the person involved in adultery is not the solution to the problem of the wife, it can be solved by granting appropriate justice that the women want for herself. This is the process of how to file divorce in India.

• Triple Talak- No Talak

By the supreme court, it is made crystal clear that triple talaq is no proper way of pouncing divorce on women and it’s the arbitrary power in the hand of the men.

Can You Get a Divorce Without Going to Court in India?

The court had made it clear that provisions of personal law cannot override the power in the hands of the court of law. Therefore, no personal law or religious or any other institution has the right to grant a divorce.

Grounds of Divorce Available to Husband and Wife in India

There are certain grounds on the base of which both spouses of the marriage can get a divorce, but their certain grounds on which only the wife is entitled, let’s learn how to file divorce in India from the wife –

Ground of Divorce of Husband –

• Voluntary sexual intercourse outside the wedlock.
• Cruel treatment which can be both mental and physical
• Desertion for the continuance period of two years which can be actual or constructive desertion.
• Actual desertion means the physical absence of the personal from home and constructive desertion means abstaining oneself from matrimonial obligation.
• Ceased to be Hindu by way of conversion into non-Hindu religion.
• Unsoundness of mind.
• Venereal disease in a communicable form.
• Renouncement of religious practices
• Not being heard where from the person for seven years
• No resumption of the conjugal rights after one year or upward after passing the decree of judicial separation.
• No cohabitation by the party after the passing of the decree of restitution from one year or upward.

How to Get a Divorce from your Husband?

Section 13(2) of the Hindu marriage act provided a specific ground to the wife, apart from the common ground on which both husband and wife can get divorce lets to learn them.

• Bigamy, law does not permit it to both the spouses
• If someone’s husband is guilty of rape, sodomy, or bestially.
• Her age was solemnized before she had attained the age of puberty
• When, the suit is filed for maintenance under section 18 of the Hindu marriage act and section 125 of CRPC, notwithstanding that she is leaving apart from her husband and a decree of restitution of conjugal rights has been passed, but there is no such resumption for one year or above. This how to file divorce in India from a husband.

How Does Long a Divorce Take in India?

The longevity of the divorce depends upon lots of facts and elements that are involved in the matter, therefore in the case of a contested divorce, it is difficult to phrase the period in which one can get his/her divorce done.  

But the time taken to get a divorce decree in a case of mutual divorce is comparatively less than that is taken in a contested one.  Usually, it is a maximum of Eighteen to Twenty-Four months to pass a mutual divorce both parties .

Document Required for Divorce in India -

It all depends upon the kind of divorce you want to seek, the paper needed in case of divorce is mentioned below you can prepare these documents, before filing a divorce petition. This is the solution to your query on how to file divorce in India.

• The address proof of the husband and wife.
• The details of the occupations of the husband and wife with the income statements.
• Marriage certificate
• Informing concerning family background.
• Marriage Photographs
• Proof that both spouses are living separately from each other
• Income tax statements
• Property details of the parties
• Other relevant details.

When can the parties file a petition for divorce under mutual consent?

If both the parties to the divorce are facing the same difficulties and they are finding it difficult to stay in the marriage and both mutually decide to get themselves apart, they file a joint application under section 13b. Let’s answer the query about how to file divorce in India.

• In the first instance, a joint petition for the dissolution of marriage is filed in the family court, stating the reasons that both the husband and wife had mutually decided to get themselves divorced.
• After filling out the divorce petition, both parties appear to the court with their respective counsel /lawyers.
• Court will look into the petition along with documents presented in the court.
• After that petition is scrutinized by the court, it can order the statement to be recorded on oath, this is how to file divorce in India.
• In some case period of six months is given
• Second motion is filed within 18 months, from the presentation of the petition in the court of law.
• When parties decided that they will go further, they can proceed with the final hearing.

Closure Now…..

The most searched topic on the internet in today’s time is how to file divorce in India, the procedure of getting a divorce in India is lengthy in case of a contested divorce. But as far as mutual divorce is concerned it is less tiresome to take.

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