This article will
enlighten you as to what is a divorce, what are its types. The article also
talks about the whole procedure on how to file for divorce in India.
What is Divorce?
It is a process by which legal obligation are met with during the
annulment of the union. It is done as men or women cannot simply walk out of
the marriage or the relationship without caring about the responsibility of
their partner’s well-being.
The Process of Divorce
A divorce can be granted in two ways – (1) Divorce by Mutual Consent, and (2) Contested Divorce.
Divorce by Mutual Consent
– In this
type of divorce, mutual consent of both the parties is present. Both the
parties agree for a peaceful separation. It is a very simple way of coming out
of a marriage and dissolving it legally. Alimony, maintenance, child custody is
decided by the parties mutually.
Procedure of Mutual
1. Joint Petition: The process starts by filing of a
joint petition, signed by both the parties, in the Family Court. The petition
contains statements by both the parties, and states that due to their
irreconcilable differences, it is impossible for them to stay together and thus
it is best for them to get a divorce. Lastly, the statement also contains
agreement about the division of assets, custody of children etc.
2. Appearance of Parties: Both the parties appear
before the Family Court after filing of the petition. The court then fixes a
date when the parties will present themselves with the counsels.
3. Scrutiny of Petition by Court: The court then examines
the petition and documents filed by the parties. If the court is satisfied, it
orders for the recording of statement of parties on oath. Sometimes, the court
tries to bring reconciliation. If it fails, the divorce matter is continued.
4. Recording of statement and passing of the
order on First Motion: After recording of statement, an order of first motion is
passed by the court.
5. Second Motion: After this, parties are given 6
months period, and after the expiry of these 6 months, the parties have to file
the second motion within 18 months from the date of first motion. The 6 month
period is not mandatory and can be waived of by the parties. If the second motion is not made within 18
months, then the court will not pass a decree.
6. Decision of the Court: Court will pass a decree
when it is completely satisfied with the agreement and intention of the
parties. After the passing of decree by the court, the divorce becomes final.
Contested Divorce – As the name tells, in this
type of divorce, you will have to contest it. It is filed when one party wants
to divorce the other party without his/her consent. This petition is filed in a
family court with the help of a divorce lawyer, and the court send a notice to
the other spouse.
Process of Contested
Hire a Lawyer – First you have to hire a
divorce lawyer, who will represent you in the court. He/she will file a
petition and will submit the documents.
Divorce Notice – After the court receives
the petition, it sends a divorce notice to the other spouse and will ask them
to appear in the court and give answers.
Maintenance – The wife can file a maintenance
petition for herself and the children, if she is not able to support herself
financially. The court can grant maintenance after considering some factors.
Child Custody – A petition for child
custody can be filed by any party through their lawyers. The court grants
custody of the child keeping the best interest of the child in mind, his/her
Division of Joint-owned
The court also divided the property that is jointly owned by both the parties.
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