How To File For Divorce?

Divorce is never an easy decision to make, but sometimes it's necessary to move on and start anew. If you are considering filing for divorce in India, it's important to understand the process and requirements involved. In this article, we will guide you through the steps of filing for divorce in India.

Understanding the Grounds for Divorce in India

Under Indian law, divorce can be granted on several grounds, including:

  1. Adultery: If one spouse is found to have had a sexual relationship with someone outside of the marriage, the other spouse may file for divorce on the grounds of adultery.

  2. Cruelty: If one spouse is subjected to mental or physical cruelty by the other, they may file for divorce on the grounds of cruelty.

  3. Desertion: If one spouse abandons the other for a period of two years or more, the deserted spouse may file for divorce on the grounds of desertion.

  4. Conversion: If one spouse converts to a different religion and the other spouse does not wish to continue the marriage, they may file for divorce on the grounds of conversion.

  5. Mental Disorder: If one spouse is suffering from a mental disorder that makes it impossible to continue the marriage, the other spouse may file for divorce on the grounds of mental disorder.

  6. Irretrievable breakdown of marriage: If both spouses have been living separately for a period of one year or more, and there is no possibility of reconciliation, they may file for divorce on the grounds of irretrievable breakdown of marriage.

Also Read - Is name change gazette valid outside india? and Property Rights Of Wife After Divorce.

Filing the Divorce Petition

To file for divorce in India, the first step is to prepare a divorce petition. This is a legal document that outlines the grounds for divorce and the relief sought by the petitioner. The petition should be filed in the family court of the district where the couple last resided together.

The divorce petition must be signed by the petitioner and verified by oath before a notary or magistrate. The petitioner must also attach a copy of the marriage certificate, as well as any other relevant documents, such as proof of residency and income.

Stamp Duty and Registration

After the divorce petition is prepared, it must be printed on judicial or plain paper, and the petitioner must affix a court fee stamp of the requisite value. The stamp duty payable on a divorce petition varies from state to state, but it is usually a nominal amount.

Once the divorce petition is printed and the stamp duty is paid, the petitioner must sign the document and submit it to the family court for registration. The court will assign a case number to the petition and issue a summons to the respondent.

Service of Summons

The summons is a legal notice that informs the respondent of the divorce petition and requires them to appear in court on a specific date. The summons must be served on the respondent either personally or by registered post with acknowledgment due.

If the respondent cannot be located, the court may allow the summons to be served by way of newspaper publication. However, this is only done as a last resort, and the court will first require the petitioner to make reasonable efforts to locate the respondent.

Response of the Respondent

Once the respondent receives the summons, they have the right to file a written response to the divorce petition. The response must be filed within 30 days of the date of service of the summons. If the respondent fails to file a response within this time, the court may proceed with the case ex parte.

If the respondent files a response, the court will schedule a date for the first hearing of the case. Both parties will be required to appear in court on that date, and the court may attempt to reconcile the parties or order mediation.

Trial and Judgment

If reconciliation is not possible, the court will proceed with the trial of the case. Both parties will be given the opportunity to present their evidence and arguments before the court. The court may also require the parties to undergo counselling or mediation before proceeding with the trial.

After the trial, the court will issue a judgement on the divorce petition. If the court is satisfied that the grounds for divorce have been met, it will grant the divorce and issue a decree of divorce. The decree of divorce is a legal document that terminates the marriage and sets out the terms of the divorce, such as custody of children, alimony, and division of property.

Appeal

If either party is dissatisfied with the judgement of the family court, they may appeal to the high court within 30 days of the date of the judgement. The high court will review the case and may modify or set aside the judgement of the family court.

Conclusion

Filing for divorce in India can be a complex and emotionally challenging process, but understanding the legal requirements and procedures can make it easier. It is important to hire an experienced divorce lawyer who can guide you through the process and represent your interests in court.

When filing for divorce, it is also important to ensure that all the necessary documents are in order and that the stamp duty and registration fees are paid. Failure to comply with these requirements can lead to delays and complications in the divorce process.

In conclusion, if you are considering filing for divorce in India, it is important to seek professional legal advice and support. By understanding the legal requirements and procedures involved, you can ensure a smoother and less stressful divorce process.

Posted by Sirjit

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