Marriages are a pious institutions. A match for marriage is made in heaven while their dissolution is executed on Earth. In India, a marriage is not just a union of two people but a union of two families. Through the institution of marriage, two families are joined in this union. Divorce is an act which breaks or tears that joining altogether. Hence, while deciding a divorce petition, the courts try to take every alternative route to help the couple sort out their differences and prevent the separation. However if irretrievable damage has already been done in the marriage, then even the courts pass the decree of divorce.
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 get divorce on a stamp paper?
The proper manner to separate legally is through either mutually or through contested divorce, as explained above. In both the situations, a decree of divorce passed by the court is a prerequisite. Only after passing of a decree by the judge, both the parties can get divorced legally. A Hindu marriage is performed as per the customs & rituals of the religion or through court registration to be a valid marriage, similarly, to break up or dissolve a marriage, the assent of the court is essential to allow the spouses live separately as divorcees and exonerate them from their duties and liabilities towards each other.
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.