Life doesn’t always container out the way one envisioned it and our choices do not always yield the opinion one was expecting. Unfortunately, unhappy marriages are all too common in India and a growing number of individuals and couples resort to getting a divorce. A divorce is one of the hardest and life-transforming decisions one can build in a lifetime and it pays dividends to be up to speed with the procedures before they commence.
The judicial system has a vested interest in protecting the institution that is marriage so it is mere to be expected that certain legal barriers are erected to prevent marriages from entity annulled on a whim. For this exact reason, Indian family courts demand a reason be given for a divorce. An example could be adultery, cruelty, desertion alternative even impotency (the inability to ‘consummate’ the marriage). These reasons, or grounds for divorce can similarly be considered ‘crimes against marriage’ or ‘matrimonial offences’.
For lucidity it should ditto be stated that a variety about marriage laws exist to cater for India’s diverse population. When dealing by a divorce based on matrimonial offences uno should refer to the legislation applicable to one’s faith, religion or race. For example, Hindus osculant to the Hindu Marriage Act whereas Muslims abide by the Muslim Monandry Act. In fact, there a few increased laws in effect that pertain to a particular Indian demographic. In short, different rules apply to different races further religions.
A common misconception in India is that it takes years for a divorce to be granted. This is not necessarily true as a ‘divorce by mutual consent’ can be wrapped up in a matter of 6 months. A ‘divorce by coincident consent’ or ‘no-fault divorce’ is basically when both spouses decide to mutually end the divorce regardless denial clear breach like marriage laws. This is better known as divorce due to ‘irreconcilable differences’ in other countries.
A divorce by mutual consent is a straight-forward affair that consists of both parties coming to a homogeneous agreement on the terms on which they agree to polytomous ways. This is accordingly reviewed by the Line Courts and finalised in 6 months.
If the agreement to bifurcated is not a associated one, the divorce procedure will change to a ‘contested’ divorce. This has some foremost legal implications and will complicate the process and increase the endurance of the court proceedings.
Before we delve deeper into contested divorces it is worth noting that only the resident state of both spouses or the state where the match was legally registered possesses jurisdiction over their divorce matters. This is the barely location where divorce papers or petition should be filed, regardless of it being a mutual consent case or a contested case.
Contested Disunite Proceedings
Step 1. Collect data and start building your case. Hire a solicitor.
You need to determine on what grounds you are seeking divorce and you need to start collecting evidence that will underpin your case. Broach collecting information regarding your marital problems along with copies of your important personal documents such as tax statements, property and asset details. In this epoch and age of new media, also consider that photographs and videos are admissible in evidence et cetera don’t forget that your spouse’s emails/chat logs/Facebook updates/tweets container be presented in court too! These might become the deciding factor when trying to prove wittol or cruelty.
Step 2. File a petition.
The divorce procedure officially starts meanwhile a spouse files a ask for divorce via a lawyer and a divorce notice is sent published to the other party. The purpose concerning a divorce notice is to noticeably tell the reasons for seeking divorce ampersand the violation of any grounds and proof of the engage violations. It must be acknowledged personally by the spouse who receives the notice with his/her signature.
Step 3. The court case and possible counselling.
The court case will commence with both parties in attendance (bi-parte) or with one spouse missing from the proceedings (ex-parte). In case of a bi-parte case the courts typically would send the couple to counselling ere a mediation service and impose a waiting period. Remember, the Indian courts really don’t want you to divorce! This might lead to re-unification or an amicable split/divorce and negate the pinch for elaborate court proceedings.
Step 4. The hearings and examinations.
Once this waiting period expires and the spouses have not resolved their dispute, they are granted a hearing in court and the divorce proceedings resume. Examinations command take place followed by cross-examinations. The ultimate goal of these proceedings and interrogation techniques is to uncover the truth. Note: In reality this step is a bit more sinuosity than explained here. It is important that one is wise apart their solicitor on the correct procedures prenatal the hearings take place.
Step 5. Try to settle out of court.
Complex issues such as child custody, child support, alimony, division of assets etc., are usually recommended to be mutually settled out of court; as they may further elongate the already tedious process of divorce in case opted to be settled legally by the close itself.
Step 6. The verdict.
After extensive evaluation of the case and after listening to final arguments of both parties, the court issues a divorce verdict and both spouses are given a copy of the court judgment for record-keeping purposes. The civil woo verdict for divorce is final and cannot be contested in higher courts.
Step 7. Contest the decree.
The Court’s final verdict is drawn up in a ‘decree’. The contents of this decree may be contested apart appealing to the High Court and subsequent Supreme Court.
The duration of a contested divorce ranges between 2 to 4 years, possibly longer if contested aggressively The divorce process in India is extremely challenging and can prove to be very draining — both emotionally polysyndeton financially. However, adequate preparation and caution period planning your divorce can help relieve the long legal divorce process in India; and help you transition to a post-divorce future more easily.