Like many countries, India also has Family Courts to administer matters related to sepeartion. However, in India there is no pre-formated Form to seek Divorce. In India, Divorce is initiated when either the husband or the wife files a petition for Divorce and is decided on its merits in a contested Divorce. A Mutual Consent Divorce is a non-contested manner to seek Divorce but both spouses need to agree for Divorce Settlement. A Divorce Decree issued by the family court which terminates the matrimonial relationship between the spouses i.e. they no longer remain husband and wife. Like the marriage, divorce is also governed by the personal laws as per the religion or in case of inter-religion marriage, the Special Marriage Act, 1955 though the procedure and the documents required more or less remains the same which is to be followed before the Indian Family Courts.
FOLLOWING STEPS ARE INVOLVED IN A DIVORCE CASE BEFORE A FAMILY COURT:
STEP-I: The divorce petition containing the facts of the case, the grounds of divorce, all personal details of the parties is filed before the Family Courts under the law.
STEP-II: Family Court scrutinizes the divorce petition and issues notice on the divorce petition to the other party against whom the divorce petition has been filed.
STEP-III: The parties to the divorce proceedings are directed to appear before the court for reconciliation in all of the cases at Delhi and efforts by the court is made to reconcile them at first.
STEP-IV: The reconciliation proceedings being conducted by the Family Court is either end successful then the matter stands settled. If the reconciliation proceedings end in failure, then the Family Court proceeds with the matter.
STEP-V: The Family Court directs the opposite party to file written statement to the divorce petition and wherein the opposite party takes the defenses, if any applicable.
STEP-VI: The petitioner is directed to file his rebuttal/rejoinder to the written statement filed by the opposite party. The application for interim maintenance etc. is decided by the court at this stage of the case.
STEP-VII: The court frames the issues for adjudications and the matter is posted for evidence of the parties.
STEP-VIII: The petitioner is directed to lead its evidence by way of filing the relevant documents. papers and by summoning all its witnesses.
STEP-IX: The respondent is asked to lead its evidence by way of filing of the relevant documents, papers and by summoning all its witnesses.
STEP-X: The final arguments in the matter are held and the matter is decided by the court.
STEP-XI. The court passes the decree of divorce or rejects the matter based on the entire facts, evidence and law. Either the divorce is granted in favour of the applicant or it is rejected by the court after discussing the entire facts, legal grounds and all other related material.
THE DOCUMENTS REQUIRED ARE :
- Original Marriage Photographs-1
- Original Marriage Card
- Passport Size Photo-2 Nos.
- Address Proof
- ID Proof
The above-mentioned is for contested divorce i.e. wherein one party contests that the other party is at fault due to which marriage can no longer sustain and the party wants the remedy of divorce against the opposite party or the party at fault.
However, if both the parties to marriage decide mutually that they no longer want to continue with their marriage as the matrimonial relationship is non-existent and there are no chances that they can cohabit in future and want to end it peacefully without levelling allegations and counter-allegations against each other then they can file the petition for Mutual consent divorce. The procedure involved for mutual consent divorce is lot easier than the contested divorce.
PROCEDURE FOR MUTUAL CONSENT DIVORCE IN INDIA :
STEP 1: Drafting a joint petition signed by both parties and filed in the local district court/family court through respective lawyers.
STEP 2: The court after the examination of the petition along with the documents will pass an order for the recording of the statement on oath.
STEP 3: After this, a cooling period of six months’ time is given to the parties in the hope of their reconciliation. Sometimes this period can be extended to 18 months, if the judge deems it fit. However, if certain conditions are met the court can waive off the cooling off period on application by both the parties.
STEP 4: After the expiry of this period for reconciliation, if both parties still want a divorce or on waiving off of the cooling period, whichever is the case, they file for the second motion or the final hearing and a divorce decree is granted by the court.
THE DOCUMENTS REQUIRED FOR MUTUAL CONSENT DIVORCE ARE :
- Passport Size Photo of Both Parties
- Original Marriage Photograph
- Original Marriage Card
- Address Proof of both parties
- ID Proof of both parties
- Memorandum of Settlement (OPTIONAL BUT ADVISABLE)
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