Divorce
Divorce means a decree of dissolution of marriage.Divorce is a process through which a marital bond ceases to be in existence as per law and the couple can no longer be called the husband or the wife.
Divorce in recent years…
Although traditionally divorce was neither easily allowed nor commonly practiced, with the passage of the Hindu Marriage Acts, legal provisions have been made for either judicial separation or divorce. Several Acts have been passed in recent years which permit judicial separation and divorce.
Types of Divorce…
Divorce can be obtained in multiple ways. The only thing that one needs to know is how to file a divorce in India i.e. either with mutual consent or contested divorce.
Divorce with mutual consent:
When both the spouses agree to dissolve their disturbed marriage, they opt for an Indian divorce procedure with Mutual Consent. In a divorce with mutual consent, with the help of a good divorce lawyer, a joint divorce petition is drafted, verified, and signed by both husband and wife and then needs to be filed before the appropriate court.
Contested divorce:
A contested divorce means that at least one of the spouses involved contests one or more of the issues at hand that need to be resolved as a part of the divorce. If any of the rights contravene by any of the party then the other has full liberty to file a divorce petition.
Divorce in India…
In India, the divorce procedure starts from the filing of the divorce petition and comes to an end with the pronouncement of a final order of the divorce. There are acts and laws made in the Indian constitution that mention the rights and procedures of divorce. They are:
- The Marriage act, 1955
- Special marriage act,1956
- Dissolution of Muslim marriage act
- Indian divorce act
To know about these articles in detail, go through these references:
The procedure of divorce…
- Drafting And Filing of Divorce Petition:
The first step in the procedure of divorce is the filing of a divorce petition before the respective family court with proper court fees. The party seeking the divorce has to file a petition to initiate the divorce procedure in India before the appropriate court. The petition must have the ground of divorce mentioned and substantiated at a later stage with evidence. Guidance and advice from experienced and competent divorce lawyers are needed.
- Service of summons:
The following step after the filing of the divorce petition is the service of summons of the other party and giving them a notice that the divorce process has been already initiated by their spouse. The summons is served via speed post with a covering letter written on the letter pad of the Advocate.
- Response:
After receiving the summons the spouse against whom the divorce is filed has to appear in the court on the mentioned date of summons. In case the other spouse fails to appear on the mentioned date, the judge may give the opportunity of ex-parte hearing to the petitioner and after that, the court passes an ex parte order of divorce and put an end to the process of divorce.
- Trail:
Conducting the trial is the next step of the divorce procedure in India. After the submission of the respective petitions, the court hears both the parties along with their witnesses and evidence. The respective lawyers will then conduct the examinations in chief and cross-examinations of spouses as well as evidence.
- Interim Orders:
Interim orders are another aspect of the divorce procedure in India. The petition can be filed by any party to get a temporary order in respect of child custody and maintenance in front of the court during the divorce proceeding and after hearing and if the court is satisfied, the court passes interim orders.
- The Final Order:
The last step in the divorce proceedings is the pronouncement of the final order of the divorce. The court passes the final order after the completion of all the preceding stages which entirely dissolves a marriage. In case either of the parties is not satisfied with the final order, then they have the liberty to move before the higher Courts.
Know more information on the procedure of divorce in detail through these articles:
Important factors in Divorce:
The important factors that need to be taken into consideration while applying for divorce are listed here:
- Alimony:
Alimony is the obligation of the married ties to support each other which exists even after the dissolution of marriage which thereby means that the obligation of another party and claim of alimony becomes stronger when the husband or wife is ready to take custody of the child.
- Custody of Child:
The custody of a child amicably gets settled between parties in case of divorce with mutual consent. Whereas the parenting ability of both husband and wife is examined in case of a contested divorce.
- Settlement of Property:
The property gets settled according to the ownership of the spouses at the time of divorce.
Necessary documents…
The necessary documents to be submitted while applying for divorce are mentioned below:
- Address proof of both the parties
- Marriage certificate or Invitation card of marriage or Picture of marriage
- Proof of separate living of the spouses for more than a year
- Details of earnings
- Details of assets owned by the petitioner.
Marriage is a lifelong relationship essential for an established structure of society. For divorce, the decision becomes much more difficult after the involvement of children, that’s why restitution of both the partners is necessary.
