What Is The Procedure For Obtaining A Divorce Decree

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The procedure for obtaining a divorce decree in India depends on the type of divorce sought by the parties. There are two types of divorce in India – mutual consent divorce and contested divorce.

Mutual consent divorce: In a mutual consent divorce, both parties must agree to end their marriage and come to a settlement on issues such as alimony, child custody, and division of property. The process for obtaining a mutual consent divorce in India involves the following steps:

  1. Filing a joint petition: The spouses must file a joint petition for divorce before the family court that has jurisdiction over their case. The petition must state that they have been living separately for a minimum period of six months and have mutually agreed to dissolve their marriage.
  2. Appearance before the court: Both parties must appear before the court and affirm the contents of the petition.
  3. Cooling-off period: The court will grant a six-month cooling-off period to the parties to reconsider their decision. During this period, the parties can withdraw their petition if they wish to reconcile.
  4. Second motion: After the cooling-off period, if the parties still wish to proceed with the divorce, they must file a second motion stating that they have irreconcilable differences and have mutually agreed to dissolve their marriage.
  5. Issuance of the decree: If the court is satisfied that all legal requirements have been met, it will grant a decree of divorce.

Contested divorce: In a contested divorce, one spouse files a petition for divorce without the consent of the other spouse. The process for obtaining a contested divorce in India involves the following steps:

  1. Filing a petition: The spouse seeking divorce must file a petition before the family court that has jurisdiction over their case. The petition must state the grounds for divorce, such as cruelty, adultery, desertion, or irretrievable breakdown of marriage.
  2. Service of notice: The court will issue notice to the other spouse, who can contest the divorce by filing a written reply to the petition.
  3. Evidence and arguments: The parties will have the opportunity to present evidence and arguments in support of their case.
  4. Judgment: Based on the evidence and arguments presented, the court will give its judgment and either grant or deny the divorce.
  5. Appeals: If either party is dissatisfied with the judgment, they can appeal to a higher court.
Also Read  Settlement Agreements in Mutual Divorce; Here's All you Need to Know

Overall, the procedure for obtaining a divorce decree in India can be complex and time-consuming. It is important to hire a knowledgeable lawyer and be prepared to provide evidence to support your case.

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