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:
- 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.
- Appearance before the court: Both parties must appear before the court and affirm the contents of the petition.
- 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.
- 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.
- Issuance of the decree: If the court is satisfied that all legal requirements have been met, it will grant a decree of divorce.
consented 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:
- Filing a petition: The spouse seeking divorce must file a petition before the family court. Jurisdiction over their case is a must have. The petition must state the grounds for divorce, such as cruelty, adultery, desertion, or irretrievable breakdown of marriage.
- Service of notice: The court will issue notice to the other spouse. They can contest the divorce by filing a written reply to the petition.
- Evidence and arguments: The parties will have the opportunity to present evidence and arguments in support of their case.
- Judgment: Based on the evidence and arguments presented. The court will give its judgment and either grant or deny the divorce.
- Appeals: If either party is dissatisfied with the judgment, they can appeal to a higher court.
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.
