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What is the Procedure to File a Divorce in India Step by Step Guide




How to file Divorce in India?

The term of Divorce also known as the dissolution of your marriage. It means the spouse is unable to live happily and comfortably together. it cannot extend this relationship and also it is impossible to repair the marriage.
The procedure of divorce starts from filing the divorce petition and it ends with the final judgment or decree of the divorce.
 


What are the types of divorce?    


Mutual Divorce:
A divorce constructed by the Mutual consent of both parties ( husband and wife). Both parties mutually agree that they cannot live together and they cannot want to extend their married life. without putting any allegation against each other they want to mutually breakdown their marriage .according to Hindu Marriage Act 1955  section 13B   and  The Special  Marriage Act 1954  section 28  defines the provision of the Mutual divorce.  

Contested  divorce: 
Hindu Marriage ACT 1955 section 13 and  Special Marriage Act 1954 section 27 defines the contested divorce. Where both parties do not mutually agree to divorce . in that time one party can file a divorce under this section.

 

The divorce procedure is divided mainly into six steps:

  1. Filling of the petition
  2. Service of Summons
  3. Response
  4. Trial
  5. Interim order
  6. Final order
 

What are the grounds for divorce?

  • Adultery: where the spouses are involved in any illegal sexual relationship with someone.
  • Cruelty: physically and mentally torture with your spouse
  • Desertion: desertion for more than two years could be a valid ground for divorce.
  • Religion conversion: In a Hindu marriage if your spouse converts his / her religion in that time you can file a divorce petition on that ground.
  • Mental disorder: mental disorder like unsound mind, mentally ill which is the cause of aggressiveness
  • Communicable diseases:  it means Leprosy and other any kind of communicable diseases which is a valid ground of paying divorce.  
  • Renunciation of the world: either of the spouses has renounced the world, in that time it is also a valid ground of a divorce.
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The procedure of mutual consent divorce in India


Step 1: Draft a petition both the parties have agreed on it.
Step 2: File the petition jointly before the family court.
Step 3: After the examination of all documents court pass a statement.
Step 4: After this court gives both parties six months of the time period, the hope of their reconciliation.
Step 5: After 6 months, if there is no reconciliation, both parties appear for final hearing.
Step 6:  in the final hearing the court passes the order of divorce decree.
 


Required document for a mutual consent divorce

  • Residence proof of husband and wife.
  • Photograph of husband and wife
  •  Evidence to show husband and wife living separately
  • Marriage certificate
 


The procedure of contested divorce in India


Step 1: Draft petition clearly stated the facts and grounds.
Step 2: If the court satisfied the court sends a notice or summons the other party.
Step 3: The court sends the parties for mediation. if the mediator fails, the court will continue with the divorce proceeding.
Step 4: After that, both parties will appear before the court in that time record their statements, submit evidence, getting cross-examination of both parties' lawyers.
Step 5: Finally the court fixed a date for final judgment.
 


 Required document for a contested divorce

  • Residence proof of husband and wife.
  • Documents related to the financial status of husband and wife like – tax return, income certificate, etc.
  • Documents proving the ground on which divorce is being filed.
 
 

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