What Are The Legal Requirements To File A Divorce In India

Divorce is a legal procedure that ends a marriage. It's a significant decision for anyone to make, but if you believe divorce is the right option for you, find out how to apply for divorce in India.

A divorce case in India is initiated when a divorce petition is submitted. The petition can be submitted unilaterally by one spouse or with the mutual consent of both spouses in the event of an amicable divorce. The methods and procedures outlined in the legal handbook apply to both disputed and mutual divorces.

What Are The Legal Requirements To File A Divorce In India

Types of divorce

  • Mutual Divorce: Under Section 13-B of the Hindu Marriage Act, if a husband and wife are willing to separate amicably, they are granted mutual consent divorce. It directly results in who gets custody of the children, alimony, etc. or division of property, etc. But mutual divorce petitions can only be submitted when spouses have been living separately for at least one year's time.
  • Contested Divorce: Contested divorce refers to a situation where one spouse wants to separate while the other spouse does not want to divorce the partner. Handling such divorces requires delicate care because neither party would have much proof to present in court as regards claims on matters of alimony or child custody. Though contested divorces do not usually provide solutions amiable between the spouses, there are couples locked into a bad marriage with no other alternative than this.

Legal requirements to file a divorce in India

  • Be aware of grounds of divorce. If your marriage was solemnised under the Hindu Marriage Act of 1955, Section 13 of the Act specifies nine reasons for divorce on which you might file a petition to divorce your spouse. The grounds include the presumption of death, adultery, cruelty, and desertion, among others.
  • At least six months of stay by one spouse in India is required before separation can be filed.
  • Documents required to File for Divorce: The following documents need to be presented in order to file a divorce case Husband's proof of address.
    • Proof of wife's address
    • Marriage certificate
    • Four passport-size photographs of the marriage
    • Proof that the spouses have been separated for more than a year.
    • Evidence of failure attempts towards reconciliation
    • Income tax statement of the past two to years:
    • Information about the profession and current compensation
    • Detail about the family background, Details of the property and other assets owned by the petitioner
  • First and foremost, while beginning the divorce process, a professional lawyer must be hired to produce a joint petition for the dissolution of marriage, which the spouses can both bring to the family court. It should specify one year of separation or inability to live together, as well as mutual intent to end the marriage signed by both parties.
  • In India, the divorce process begins with submitting an application to a district court in the territorial area where the spouses last resided together. Their names and addresses, date of marriage, and, most significantly, the grounds for divorce must be provided in the application.
  • When the spouse receives the petition, she or he may react to it. If your spouse agrees to divorce, you can continue with mutual consent divorce. However, if the spouse disputes the divorce, the court will hold a hearing.
  • If the case gets to court, both parties must attend the hearing. Before making a decision, the court will analyse the evidence and arguments presented by both parties. If the court grants the divorce, it will issue a decree of divorce.
  • Following the divorce, you will need a copy of the divorce decree, to change personal documents such as your passport and driver's license, and to amend any bank accounts, including their names.

Seeking Divorce Under the Hindu Marriage Act of 1955 is an extremely important step for any relationship. It must be a deliberate decision because it might drain your emotions, psychologically, and financially. Understanding the various components allows you to make more informed decisions.

Hiring an attorney is the only way to correctly file the case; they are so well informed and intelligent, and they understand all the aches and nuances related with divorce proceedings, and they will do more to forecast potential problems than a layman.

For all kinds of legal issues, contact Lead India. It also provides free legal advice, Along with many other services. Professional lawyers can be consulted there. Ask all your legal questions freely. We provide you with other legal services for free in addition to free legal consultancy. Lead India ensures that all personal information and your documents will remain confidential. Through the web dashboard, we give you the options to view your cases online. You can easily see the status of your cases, payment status, etc.

Read Also:

Legal Consequences And Punishments For Filing A False Rape Case

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