Divorce/Dowry

Know How To Apply For Divorce

LegalKart Editor
LegalKart Editor 05 min read 10634 Views
Last Updated: Dec 01, 2023
How To Apply For Divorce - Procedure for Divorce in India

The institution of marriage is considered a dominant sphere of life of an individual, especially in India where traditions and customs guide the way. Although this union is considered sacred and is entered into with the motive of continuing it till eternity, there is a way out called Divorce which is provided for in every religion. While there are many forms of seeking divorce, mutual way seeking a divorce where both parties agree to part their ways is not a tedious task, applying for divorce by one party needs the real work. One should understand the requirements for Divorce in India. The first requirement is to have an authentic ground that justifies seeking divorce by the party. It could be Adultery, Desertion, Impotence, Cruelty, etc. This Article throws light on the procedure followed under Indian law to get a Divorce and how one can apply for divorce even online in this fast pacing digitized world.  

You may also read How To File Mutual Divorce? Mutual Divorce Process

Procedure for Divorce in India

Marriage and dissolution are considered personal affairs in India, and the laws governing marriage and divorce have been crafted based on religious norms and rights. As a result, there are various rules governing the divorce procedure for persons of different religions in India. The Indian divorce method ascends depending on the country after you are aware of the process to register a divorce in India in the particular state court where either of the parties resides. The Divorce Procedure is different in the two Divorce cases by mutual consent and the one that is a contested Divorce sought by only one party. In India, the divorce process begins with filing a divorce petition and ends with the finalization of the divorce order. There are majorly six broad stages: Petition Filing, Summons, Response, Trial, Interim Order, and Final Order. The filing of a divorce petition is the first step in the divorce process.

The entire divorce procedure begins when a petition is written by one of the parties participating in the divorce process and served on the other. Thus, the first step in the divorce procedure is filing a divorce petition before the respective family court with proper court fees. Divorce petitions can be filed in one of three territorial jurisdictions of the court: 1. the husband and wife's last residing place, 2. the husband's current residence, and 3. the wife's current residence. The grounds for divorce must be specified in the petition and supported with evidence. After filing a divorce petition, the next step is to serve the opposing party a summons, informing them that their spouse has already started the divorce procedure. The summons is delivered by speed post with a covering letter typed on the Advocate's letter pad. Following receipt of the summons, the divorced spouse must appear in court on the summons date. If the other spouse fails to show on the scheduled date, the judge may grant the petitioner an ex parte hearing, after which the court may issue an ex parte decree of divorce, thereby ending the divorce proceedings. In India, the next stage in the divorce process is to hold a trial. Following the filing of the petitions, the court hears both parties and their witnesses and evidence.

Also read Property Rights Of A Wife After Her Husband’s Death

After that, the respective lawyers will conduct the main and cross-examinations of the spouses and the evidence. Another part of the divorce procedure in India is interim orders. Any party can file a petition in front of the court to get a temporary order regarding child custody and support during the divorce case. If the court is satisfied, the court will issue interim orders. The final step in the divorce process is the pronouncement of the decree. After all preceding stages have been completed, the court issues a final decree that completely dissolves the marriage. If either side is dissatisfied with the final order, they can appeal to the higher courts.

How to Apply for Mutual Divorce

Appliction for mutual divorce have a few different ways to file for mutual divorce and start the process. Mutual Divorce, sometimes known as "no-fault" divorce, can only be filed by a spouse living separately for more than a year and can prove their grounds for dissolving their marriage by mutual consent divorce. Depending on the case's legality, the time it takes to file a mutual consent divorce might range from six to eighteen months. Depending on the court's judgment, a divorce by mutual consent might last anywhere from six to 18 months.

In most cases, courts prefer to finish mutual consent divorce proceedings sooner than later. In addition, under Section 13B(1) of the Hindu Marriage Act, the term "living separately" to obtain a mutual consent divorce indicates that you are not in a marital relationship even though you live in the same house. When one of the partners seeks a divorce decree under Section 15 of the Hindu Marriage Act, it signifies that the court's involvement was sought to end the marriage by following the rules outlined in Sections 11, 12, or 13 of the Act. There are only a few grounds on which the husband and wife must agree to begin the procedure and obtain a mutual consent divorce. A couple seeking mutual consent divorce must achieve an agreement. Still, they must also negotiate the terms of mutual consent divorce with their spouse on Alimony or maintenance issues, Custody of the child, Property issues.

Once the divorce process has begun and the petition for mutual consent divorce has been successfully filed, both parties must appear in person before the court and have their statements recorded on oath. According to the procedure, the court then grants a 6-month cooling-off period to couples who choose mutual consent divorce to reconcile or reconsider their decision. After 6 months or 18 months has passed, the couple must reappear in front of the same court (Second Motion) and express their desire for mutual separation or mutual agreement divorce. The mutual divorce decree is granted after the court is convinced. This puts an end to both the parties' marriage and the divorce process.

Also read Property Title Verification In India – The Process, Methods & Other Aspects

How to apply for divorce online

It is important to understand the process of application for divorce. With the rising rate of mutual divorce in India, courts have attempted to simplify the process by allowing mutual consent divorce to be filed online. This was done to accommodate the growing number of mutual consent divorce cases by shortening the process and removing the possibility of emotional harm. There are two ways to file a petition for mutual consent divorce online, i.e. through an online divorce firm that will assist you in selecting for divorce or it can also be done personally, which means you will have to challenge your case on your own follow the steps. It is recommended that one get assistance and counsel from these online firms because they are familiar with the technicalities involved in filing for mutual consent online. In addition, a few requirements must be met when competing online. Both couples must have reached an agreement on mutually parting ways, and issues including child custody, property, alimony, and assets must be resolved out before of time.

Like any other law firm, these online law firms need you to fill out a form and provide all pertinent information about you and your spouse. This guarantees that the information provided by both parties is accurate, and it assists these firms in better understanding the reasons for mutual consent divorce. Next step is to send the spouse a legal notification by registered mail or in person. This procedure must be carried out with both parties present. This assures that the divorce is consensual and consented to, and that neither party has any objections to it being completed. After the form has been filled out, the firm's experts will approve it, allowing it to be filed. Before it is filed in a court of law, this process guarantees that both parties are mutually separated and assesses the grounds on why it was filed.

A copy of the same must be obtained, and it must then be filed at a local court for a divorce. Now it's up to the court to wrap up the remaining proceedings. The court will award the final divorce decree after going over the details and why the divorce was filed. With online divorce application process, It gets simpler to acquire a divorce without the usual annoyances. In India, this is the standard procedure for seeking an online divorce. Despite the flaws, one can always choose for an online divorce, which is far faster and easier than the traditional divorce techniques used in India.

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