How to Get Divorce in India
As per Hindu Marriage Act 1955, a person can seek Divorce on two ways;
Mutual consent Divorce AND Non Consent Divorce
Process for Mutual consent Divorce
As per section 13 B of Hindu Marriage Act 1955 both husband and wife can file for mutual divorce before the court.
1- First hiring of lawyers for filing for Divorce, as lawyer will draft the petition/application, taking down all the issues like reason for divorce then settlement of issues like maintenance, child custody property share etc and after taking agreement/ signature from both the side this petition will be filed before the court.
2. Since both the parties here are agreed to file for divorce and its terms ad condition , court gives a date for conciliation/counseling as procedure and on that date court takes both person views and after finding that there is no scope for conciliation either goes for evidence on the same day or some other date, on the prescribe date both parties states before the court the reason and mutual agreement/consent on issues and after hearing both the parties court grant divorce.
Earlier there was six months waiting period was there after filing of mutual consent Divorce application but now that condition was overruled.Therefore its safe to say that mutual divorce can be received in 60 to 90 days.
Process for Non consent Divorce
After filing of case the opposite side receive the summons/Notice from the court which states a date and time to appear in court with a lawyer and answer the allegation filed against opposite party.The Notice also says if after receiving the summons/Notice you failed to appear on the date with or without the lawyer the case will proceed against you.Therefore, its important to receive summons/Notice and also to appear before the court and answer the allegation in written form before the court.
2. Written Statement
As I said earlier after summons/Notice on the next date opposite party needs to file written statement before the court and explained in details his/her side of story with documents.
3- Reconciliation
Court fix this date to try mediation between the parties as many times simple misunderstanding leads to divorce application.Here court speaks with both the parties and try to meditate may time this process were successful as parties compromise but most of the time this process fails and then case continues.
4. Discovery and Submission of Documents
Next step is submission of original documents before the court.On this date both the parties are required to submit the original documents which they are relying upon before the court.
5. Framing of Issues
On this date court will be chalking down the issues which means in common words "the problem" between the parties and according to this both the parties needs to give evidence which means to prove the case.
6. Evidence
Next. the most important of all is the evidence as the name suggest both the parties needs to give evidence with documentary proof and also bring witness of there side to court and prove the statement they made in there respective case application/petition /written statement.
7. Argument
On the next step both the parties argue the case taking evidences , case laws and laws which supports the case.
8. Judgement/ Final Order
After hearing the arguments of both the sides and looking after the evidences, documents and law in question and other legality court passes order either in favor of the party who filed the case if he is able to prove his case Or dismiss the case if he could not prove his case.
So, guys this is it. I have explained the Divorce court process in the simplest way possible, lot more happens in the case which I
have not gone into it as its very procedural.Above steps are crux of proceeding or simple put court process.
Hope my blog able to help to understand the court room work.
Author a practicing Lawyer with 17 years of experience. YOU CAN ALSO WATCH THIS VIDEO ON GROUNDS FOR DIVORCE.How to get Divorce in India
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