“How to file for a divorce in India?” might be a new trending & frequent question in front of the Indian Law and Society.
If you are someone looking for how to file for a divorce in India, well–we would just do our part as singles:
not all bonds are mutual, and even if they are, not all of them are successful. (No! Not the best advice-giver here!)
But, seriously, if two people have decided that divorce is the best possible solution for their issue, here’s all that you need to know about how to file a divorce in India:
What Is Divorce By Mutual Consent?
- The Hindu Marriage Act of 1955 has given the right to husband and wife to dissolve the marriage on several grounds mentioned in Section 13 (by the declaration of divorce).
- Also, Article 28 of the Law on Special Marriage (1954) and Article 10A of the Law of Divorce (1869) allows for divorce by common consensus.
Article 13B, Hindu Marriage Act: Provisions Set Out To Consider Divorce
- For one year (or so) the couple lived apart.
- The couple cannot live with each other.
- Husband and wife agreed with each other that their marriage has absolutely collapsed. Hence, the breakup of the marriage is considered.
- A divorce by mutual arrangement can be submitted under these circumstances.
Where To Apply For A Divorce In India?
- The Court can be one of the last places to live for couples awaiting divorce, and it might also be the one to celebrate the union. It may also be a place where the wife stays currently.
Steps Towards “How To File For A Divorce In India?”
- Step 1: Divorce application petition
Initially, all parties make a joint motion for ending the marriage under the divorce order to the family court. It is argued that “they” were unable to sustain marriage and wished to end things or that they lived apart for one year or more.
- Step 2: Court appeal and petition inspection
After submitting an appeal, the parties shall testify before the family court. The parties will send their respective supporters. The Court will observe the petition objectively along with all the sent records.
- Step 3: Pass order for oath statements to be registered
Following the Court’s examination and satisfaction of the petition, the Court may require the oath statements from parties.
- Step 4: First and second motion
After the declarations are registered, the Court shall issue an order on the first motion. After that, the two parties to a divorce will be granted six months before a second petition is filed.
- Step 5: Second motion and final request hearing
The parties will continue with the final hearings after having agreed to proceed further and appear for a second motion. This entails individuals coming to the Family Court and recording comments. The Supreme Court recently concluded that, by order of the Court, the six-month term granted to the parties should be waived.
- Step 6: Divorce Decree
In a joint divorce, both sides consent to the dispute on foodstuffs, the custody of an infant, care, land, etc. Also, there are no further discrepancies.
“Pati patni ka rishta riwazon se nahi, pyar se baandhna chahiye.” (Kalank)
When this love ends, the law is here to serve two individuals justice.
What's Your Reaction?
Hi I am an aspiring lawyer, who loves to write about social issues and topics that personally interest me.