How To File For A Divorce In India?

Hi I am an aspiring lawyer, who loves to write…

“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.

via indiatoday

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.

via lawrato

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.

via indiafilings

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.

via vakilsearch

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.

via clevelandclinic

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.

via vakilsearch

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.

via womensweb

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.

via marriage

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.