PROCEDURE FOR DIVORCE IN INDIA
In India, marriage and divorce are considered personal matters, and the laws governing them are based on religious norms. This means that the rules for divorce differ depending on the religion of the individuals involved. The divorce process can be either mutual consent, where both parties agree, or contested, where one party seeks divorce without the other’s agreement. The general process for obtaining a divorce in India involves several steps: Also check best divorce lawyers in chennai
1.1 PETITION FILING
The divorce process begins when one spouse files a divorce petition in a family court. The petition must be filed in the court’s territorial jurisdiction, which could be the last place the couple lived together, the husband’s current residence, or the wife’s current residence. The petition should include the grounds for divorce, supported by evidence.
1.2 SERVICE OF SUMMONS
After the petition is filed, a summons is sent to the other spouse, notifying them of the divorce proceedings. The summons is usually delivered by speed post with a cover letter from the advocate. The other spouse must appear in court on the specified date. If they do not appear, the judge may proceed with an ex parte hearing and issue an ex parte divorce decree, finalizing the divorce.
1.3 RESPONSE
Both parties are required to submit their responses to the court. In cases of mutual divorce, after the first motion is passed, a six-month waiting period is given before the second motion can be filed.
1.4 TRIAL
During the trial, both parties present their cases, including evidence and witness testimonies. The respective lawyers conduct examinations and cross-examinations. The court reviews all presented evidence before moving to the next stage.
1.5 INTERIM ORDER
Either party can request interim orders from the court regarding child custody, support, or property issues during the divorce proceedings. The court may issue temporary orders if it finds the requests valid.
1.6 FINAL ORDER
After completing all stages, the court issues a final decree, officially ending the marriage. If either party is dissatisfied with the final order, they can appeal to a higher court within three months.
HOW TO FILE FOR DIVORCE IN ONLINE
2.1 AGREEMENT
Both parties must agree on the divorce and resolve issues like alimony, child custody, and property division beforehand.
2.2 FILING THE PETITION
The petition for mutual consent divorce can be filed through an online divorce firm or personally. It’s advisable to use an online firm due to their expertise in handling the technicalities.
2.3 LEGAL NOTIFICATION
After filing, a legal notice must be sent to the other spouse by registered mail or in person, ensuring both parties are informed and consent to the divorce.
2.4 COURT APPEARANCE
Both parties must appear in court to record their statements under oath. The court then grants a six-month cooling-off period to reconsider their decision.
2.5 SECOND MOTION
After the cooling-off period, both parties must reappear in court to confirm their desire for divorce. If the court is satisfied, it grants the mutual divorce decree.
