What Is The Legal Process Of Divorce In India?
Both the husband and the wife have the legal right to get a divorce decision under the Hindu Marriage Act of 1955 on any of the grounds listed in Section 13 in order to end their marriage. Additionally, mutual consent divorce is allowed under Section 28 of the Special Marriage Act of 1954 and Section 10A of the Divorce Act of 1869. Divorce is the formal dissolution of a marriage accomplished by submitting a petition to a court of law.
When a court issues a divorce judgement, it dissolves the couple’s matrimonial union and ends the marriage as a whole. Along with the divorce of the husband and wife, other issues related to it include the division of assets and property as well as the child custody dispute. Every religion in India has its own laws and processes governing divorce.
As the name implies, mutual divorce, in the Hindu Marriage Act, is controlled by Section 13-B, where both parties, i.e., the husband and wife, declare their consent to an amicable divorce. The decisions on child custody, if applicable, and alimony must be made in advance by the husband and wife. There are only two prerequisites for obtaining a mutual divorce: one is that both parties must agree to the divorce and the other is that they must have lived separately for at least a year. The Best Divorce Lawyers In Kolkata can help you file the petition for divorce.
Grounds of Divorce Under Hindu Marriage Act: Section 13B
· The husband and wife had been living apart for at least a year.
· That it is impossible for them to coexist.
· And that the marriage has completely broken down, as agreed upon by the husband and wife.
· The marriage should be ended as a result. A divorce by mutual consent may be initiated in such cases.
The divorce petition, which is completed by the parties involved in the divorce process and is served on the other party, is the first step in the divorce process in India. According to the Hindu Marriage Act of 1955, you can file a petition for a “mutual divorce” if you and your spouse have chosen to legally separate because of problems. It is possible to file for divorce even if the other person is unwilling to do so; this is known as a “Contested Divorce.”
Procedure:
Filing of Petition: First, both spouses must file a joint petition for the dissolution of the marriage and a decree of divorce with the family court on the grounds that they are no longer able to cohabitate and have jointly decided to end the marriage, or they have been living separately for at least a year. The parties will then each sign this petition. You can contact the Best Lawyers In Mumbai if you want to file a divorce petition.
Appearance Before Court: After the petition is filed, both parties will need to appear before the family court. The parties would next introduce their respective legal representatives. The petition and every document submitted to the court would be scrutinised by the judge. The court may even make an effort to mediate a reconciliation between the spouses, but if this is unsuccessful, the case moves forward for additional follow-ups. The Best Lawyers In Delhi can help you justify your grounds in court.
Recording Statements: The court may direct that the party’s statements be taken under oath once it has reviewed the petition and determined that it is sufficient. After the statements have been recorded, the court issues an order regarding the initial motion. Following this, both parties to a divorce have a six-month window in which to file the second motion. The second motion may be filed up to 18 months after the divorce petition was initially filed in the family court. The parties can move forward with the final hearings after deciding to continue the case and show up for the second motion. This covers parties that appear in front of the Family Court and remarks that are recorded there. The Supreme Court recently ruled that the court could decide to waive the parties’ allotted six months of time. Therefore, this six-month period might be waived by the parties who have truly resolved their disagreements, including alimony, child custody, or any other unresolved concerns between the parties.
Divorce Decree: Both parties must agree to the divorce in order for it to be mutual, and there cannot be any unresolved issues about alimony, child custody, maintenance, property, etc. As a result, for the decision to be finalised on the dissolution of the marriage, there must be complete agreement between the spouses. The marriage may be dissolved by a decree of divorce if the court determines, after hearing from the parties, that the charges in the petition are accurate and that there is no chance of reconciliation or cohabitation. Once the court has granted a divorce decree, the divorce is considered to be final.
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