Divorce Process In India

When a marriage becomes unworkable, people may decide to take the important formal and psychological step of getting a divorce. Depending on the partners’ respective religions, different individual laws in India regulate the divorce procedure. Although spiritual beliefs differ, there are a few basic phases in the divorce process overall. An extensive summary of the Indian divorce process is given in this article. Check this out top divorce lawyer in chennai

Divorce Types in India

1. Divorce by Mutual Consent: In this kind of divorce, both individuals accept the separation. In most cases, it is quicker and simpler.

2. Disputed Divorce: When a spouse applies for divorce without the other’s approval, the divorce is disputed. This is an extended process that frequently requires many court cases.

Divorce with Consent

A divorce with mutual consent is the easiest and most peaceful method to end a marriage. The following steps are included in the process:

1. Joint Request Submission: To terminate their marriage, both partners must jointly submit a request for divorce to the family court, indicating that they were living apart for a minimum of a year and have reached a common decision to do so.

2. Initial Motion and Cooling-Off Duration: The court files the declarations made by both individuals in the initial motion following the petition filing. The pair is then given a six-month duration to change their minds, as ordered by the court. After this, they can continue the second motion if they are still interested in getting a divorce.
3. Second Motion and Last Hearing: The couple appears for the second motion following the cooling-off phase. The court authorizes a divorce order if it finds that both parties have peacefully reached an agreement on the terms of the divorce and all pending matters, including child support, maintenance, and asset distribution, have been settled.

4. Order of divorce: The court issues an order of divorce if it is satisfied that all requirements have been satisfied and that both individuals are still eager to have a divorce. At this point, the relationship is formally terminated.

Completing a mutual consent divorce often takes six to eighteen months, depending on several variables including the case’s difficulty and the judiciary’s activity.

Disputed Divorce

As one spouse is pursuing a divorce without the other’s agreement, contested divorces are more complicated and need more time to complete. The procedure includes the given steps:

1. Petition Filing: According to particular laws, the divorcing spouse can submit an application in family court on the proper grounds—such as brutality, abandonment, cheating, or mental illness.

2. Serving of Notice: Following the filing of the petition, the person responding, or other spouse, is served with a notice by the court alerting them of the approaching divorce.

3. Ruling: The court decides after considering the facts and listening to both individuals. The court issues a divorce decision if the justifications for divorce are established.

4. Appeal: If either side is unhappy with the ruling, they may take the case to a higher court.