For most of the millennia, separation post marriage has been a taboo and all those persons who go through with it, have been secluded from the society. While the debate regarding morality of divorce have been mostly met with criticism in the Indian society, with changing times, the society too is evolving.
More and more couples have been opting for separation, prioritizing their happiness rather than staying together for the sake of family.
The legal dynasty of almost every culture have been formulating extensive rules governing marriage laws in India.
How to file for divorce in India?
Hindus are synchronized with the divorce law in India through the Hindu marriage act. Divorce for Hindus as per the act, can be of two types. – Mutual or contested.
- Mutual Divorce- Divorce by mutual consent, basically means a divorce not involving the courtroom, where both the husband and wife mutually decide to separate and sign a joint petition whereby stating that they have bene living separately for more than a year.
While applying for a mutual divorce, no petition within the first year of marriage can be accepted. After submitting the petition for divorce, the couple has to be present in front of the judge, for the judge to evaluate the mutual divorce proceedings. In this entire process, a cooling-off period takes place which was mandatory earlier, but now, as per the discretion of the judge, it can be waived off.
In India, divorce by mutual consent is the fastest, respectful and dignified way to get separation as in this case both the partners who believe that they cannot live together harmoniously and voluntarily agree to all terms and conditions of their joint petition to separate legally. Such a joint petition contains matters of maintenance, custody of child, division of assets, shelter of the spouse etc.
- Contested Divorce- A contested divorce is the type of divorce where one partner applies for the divorce and is ready to separate, while the other partner does not want wish to separate. In such a case, the divorce proceedings are heard in front of a judge and matters such as property dispute, child custody, maintenance and alimony are decided not by the partners but by the judge.
A contested divorce can be filed only on certain grounds which are mentioned under the law. Such grounds are – cruelty, adultery, dissertation, conversion, mental disorder, communicable general diseases, etc.
Can I file for divorce online?
The divorce process in India is regulated by the personal codes of various religions and in sanctity with the Civil Procedure Code. The procedure code has laid down some exhaustive guidelines regarding the procedure to be followed while dealing with matrimonial issues. When any case is filed in the court all the details of the parties and background of the case is filed. That filing earlier could be done through physical mode only to the registrar of the court. Owing to the pandemic, E-filing became valid in most of the Indian Courts where lawyers could upload all the relevant documents and pleadings in the divorce petitions. Thus now, matrimonial and family petitions can be filed in both online as well as offline modes. Depending upon the circumstances of the courts, the proceedings too are being held in both physical as well as virtual form where appearances of both the parties are vital be it in the case of mutual divorce or contested divorce.
Below mentioned are the steps to be followed while applying for mutual divorce:
- Filing of a joint divorce petition
- Appearance of both the parties in the court
- Scrutiny of evidences & Recording of statement on oath
- Passing of the First Motion
- Discretionary Cooling off period
- Passing of the Second Motion
- Decree of divorce passed by the court
Below mentioned are the steps to be followed while applying for contested divorce:
- Filing of petition by the husband or wife
- Issuing of Summons and appearances
- Reconciliation attempt by the Court
- Reply/counter reply from the respondent spouse
- Examination and cross-examination of witnesses and evidence.
- Counsels for both parties present final arguments.
- Decree of divorce passed by the court.
- Petition of Appeal, if any.
What are the documents to be submitted while applying for divorce?
- Address proof of the spouse
- Certificate of marriage
- Passport size photographs of husband and wife
- Evidence to support the claim that husband and wife have been living apart for more than one year.
- Income tax statements for 3 years
- Professional details
- Family background details
- Details of properties that are owned by both parties
- In case of a contested divorce, the parties are required to submit various evidences, witnesses, affidavits supporting their claims of the arguments.
How can GS Bagga & Associates help you?
Greetings! When people marry, they do so with a hope of spending a lifetime together, sharing joys and sorrows together. Sometimes, marriages do not work out as while living together, it is realized that they are not able to cohabit together or with their spouse and it would be best to part their ways. In such situations, lawyers play a major role in getting you a divorce. The offices of G.S. Bagga & Associates have been experienced in family law and matrimonial issues for over 7 years now. If you’ve found the above information satisfying, you can get in touch with us and can book a free consultation. We would love to support you with our legal expertise in the matter. Feel free to contact us, anytime.