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Divorce Procedure in India: Experts Want You to Know

Divorce Procedure in India: excerpts Want You to Know

Divorce Procedure in India is the time taking part for the couples. The couple should be living separately and what the grounds arise between them. All the facts first address by the court. Then decided by the court what it is important or not.

Divorce is not about separate married couples but procedure in India divorce used in that way to save the first marriage of couples. It is important to find grounds for divorce.

If the grounds are not reasonable then problems will also arise for them. Divorce cases are divided into two parts one is mutual consent and the second is contested.

In divorce cases, application and petition are same in some cases related to filing in court. All the procedures should be followed by the couple so it will be easy for getting to divorce.

How to Start the Divorce Procedure in India?

  • The Couples should be living separately for one year.
  • After one year they are decided on the divorce and contact the advocate.
  • Every divorce is decided by the couple and the grounds for the divorce matter first.
  • Divorce is contested or mutually agreed upon by the parties.
  • The first divorce petition is drafted by the advocate and then presented in court.
  • In-court summons send to the parties.
  • Parties appear in court.
  • The court can pass an order related to the case of hearings.
  • After all, the documents are verified and all the material facts validated the court can grant the decree of divorce.

Types of Divorce in India

It is the dissolution of the marriage between the wedded couples. Divorce word it is not defined in the law. But in personal law, every act related to marriage gives a provision related to the divorce for the divorce.

Many clients are asked about How to start divorce process?  and sometime they consume their time so much. Then, they contact to the advocate for the divorce procedure.

It is the procedure that is used in the court. Every advocate first gives a brief about the divorce procedure in India.

Divorce can be varying by the couple. Grounds for divorce can be classified into various names.

Many grounds are given for divorce like- adultery, conversion, cruelty, unsound mind, renounce the world, venereal disease, and desertion.

Contested divorce – it is mostly used by one party. This divorce cannot be settled by mutual consent way. This divorce is filed for the major issues for the property, child, maintenance, etc.

It takes a long time in court because it is filed by one side (party) only. Sometimes the party does not appear in court. The cases are stuck in dates. It is the toughest divorce procedure in India because the chances of settlement are less.

Mutual consent divorce – it is the divorce that is settled before the court. In this case, most of the cases are not come under litigation but go into mediation. It is the mutually agreed base divorce. It will not be consuming the time of parties well. This divorce is the safeguard for the couple who wants to divorce in the initial years of marriage.

Procedure of Divorce as Per Mutual Consent

It is the divorce that is chosen by the couple by their consent. It is the easiest divorce procedure in India If a couple completely mutually agreed upon the divorce then, they can easily file for the divorce in court.

Most divorces are done mutually because it is not consuming time and couples can get easily relief from the court.

One of the benefits of mutual divorce procedure is the parties can file for the divorce together. In this divorce, motions are used in the divorce.

Mutual Consent Divorce Procedure

The important point is always remembered in divorce cases. parties should be living separately for the last one year.

  • They should be mutually agreed on the divorce and decided for the marriage should be dissolved now.
  • Divorce procedure in India when start decree of the petition is presented in the court for the divorce. Both parties can initiate the process for divorce.
  • In mutual consent divorce are two motions used. The first motion is for 6 months. The period of six months is called the cooling period.
  • Before the second motion is used case is resolved then the court can grant the divorce.

Mutual Consent Divorce Procedure in India 2022

In divorce, mutual consent motion is used for the whole process of divorce. 6 months periods also are given by the court for the resettlement of issues between the couples. But this time 6-month time period is not absolute but it is the discretion of the court. If the court allows then it will be given to the parties.

Contested Divorce Procedure

It is a divorce that is used by one party(spouse) this divorce is called one sided divorce in India.  This divorce is not resolved by the mutual consent way. It is the divorce that is counted as long as possible in the court. In this case, the spouse can file a case without the consent of another party. This divorce is the most complicated one divorce. Many grounds are also covered in this contested divorce like- cruelty, desertion, and adultery. Basically in this divorce spouse's right is infringed. These divorce chances are very less changes into mutual consent divorce.

Contested Divorce Procedure in India

  • Every divorce is a major issue in every court. The couple who wants to dissolve their marriage first knows about the divorce procedure in India.
  • First now you need a good advocate who should be experienced in a contested divorce.
  • A lawyer's duty is the know all the facts and draft the divorce petition.
  • Then file a petition in family court about the divorce petition.
  • After filing the petition in-court case is listed on the dates. Parties appear in court.
  • Court gives the order for the other party to appear in the court by the way of sending the summon by post.
  • The other party submits the written statement in court and appears also.
  • After that court can frame the issues
  • On the issues point, the party can give the pieces of evidence also
  • Opposite-party Evidence is done.
  • Then matter will come to the stage of the argument.
  • After that court will give the judgment.

How can a wife file for the divorce?

In India for the wife, it should be difficult to file for divorce against her husband. But it is important to know about the divorce procedure in India and how is used in favour of the wife(women) as well. Every wife can take divorce from her husband.

Just contact the advocate and easily for the divorce. First in the court divorce petition by wife is filed by the wife then the advocate can easily fight for the case. then by the serving of summon court can appear the husband in court.

After that, it will be easy how to wife get a divorce as a mutual consent or contested divorce. The wife has special grounds for divorce example- bigamy, rape, sodomy, etc. on these grounds any wife can take a divorce.

How Can A Husband File For The Divorce?

The husband can also file for divorce in the family court but with the help of an advocate. Many of the husbands are mentally tortured by wife and fake cases of dowry-like reasons want to divorce the wife.

How To Get Divorce In India From Wife?

It is important to know divorce procedure in India for all husbands who want to take a divorce. What kind of divorce do you want mutual consent or contested divorce? Every divorce starts with a divorce petition then appear in court then the order of court pieces of evidence of parties and the last decree of divorce., is the leading platform for legal services, Book your Consultation now.