Process of Divorce in Delhi
Divorce under Hindu law:- There are two ways of taking divorce- First Mutual Divorce- if both parties mutually agree to take divorce. Second Contested Divorce- if one party wants to take a divorce and one party does not agree to take a divorce. Process of Divorce in Delhi.
Understand about divorce and mutual divorce:
Mutual divorce: Mutual divorce is governed by Section 13-B of the Hindu Marriage Act, 1955. In mutual divorce, both the parties, husband and wife mutually agree and express their consent to take divorce and want to live separately. The husband and wife have to mutually agree about issues relating to alimony and child custody (if required). Both should be living separately for one year before applying for mutual divorce.
Contested Divorce: Section 13 of the Hindu Marriage Act, 1955 provides the grounds for filing a contested divorce, some of which are, cruelty, conversion, and some others. In this situation, one spouse wants to divorce and the other does not agree to divorce. Those who want to take a divorce- can file a divorce in court on given grounds.
Place where you can apply divorce
Jurisdiction
You can apply for divorce in a court that falls under one of these locations:
1- The place where the marriage was solemnized.
2- The place where the respondent resides.
3- The place where the parties last resided together as husband and wife.
4- If the respondent resides outside India, the place where?
Court
Family Court: If there is a family court in your district, divorce cases are handled there.
Types of Divorce Petitions
Mutual Consent Divorce (both parties agree) under Section 13B of the Hindu Marriage Act or equivalent provisions for other religions.
Contested Divorce (filed by one party due to reasons like cruelty, adultery, desertion, etc.).
Would you like assistance with the process or drafting a petition?
Procedure to file mutual divorce in Delhi
1: First need to draft a petition with the reason for seeking a divorce and both parties mutually agree on it.
2: The petition is drafted and signed by both parties- file the petition jointly through respective lawyers before the family court, (Mutual divorce in Delhi).
3: After filing the petition, the court will examine the petition along with the documents and will pass an order to record a statement.
4: After that, a cooling period of six months is given to the parties in the hope of their reconciliation.
5: After completing a cooling period of six months, if there is no reconciliation, both parties need to appear for the final hearing and still want a divorce.
6: In the final hearing, the court passes the divorce decree.
Process of Divorce in Delhi. Do not take this article as legal advice- in your situation talk to your lawyer.
Common Questions and Answers: Process of Divorce in Delhi
1- How to file for mutual divorce in India?
Filing for mutual divorce in India involves several steps, and it’s important to follow the legal procedures.
Consultation with a Lawyer: Prepare Joint Petition: Gather Required Documents: File the Petition: First Motion Hearing: Cooling-off Period: Second Motion Hearing: Decree of Divorce: Execution of Divorce Decree:
2- What are Required Documents?
Wedding Card. Marriage Photograph. Passport size Photographs. Financial Affidavits. Property Settlement Agreement. Parenting plan (if applicable). Proof of residence and other relevant documents.
3- How long does mutual divorce take in India?
In India, mutual divorce proceedings can vary depending on various factors, completeness of documentation, and mutual agreement between the spouses including court workload. However, typically, mutual divorce in India can take around 6 months to 18 months or more to be finalized.
4- What are the advantages of a mutual consent divorce?
Time Efficiency: Reduced Emotional Stress: Efficiency: Resolution: Saves Resources: Potential for Reconciliation: Cost-Effective: Privacy and Confidentiality:
5- What are the grounds for divorce in India?
In India, divorce can be granted under various grounds as specified by different personal laws applicable to different religions. Here are the common grounds for divorce across different laws: Adultery: Cruelty: Desertion: Conversion: Mental Disorder: etc.
6- What is the fee for mutual consent divorce?
The fee for mutual consent divorce in India varies depending on several factors, including the court where the divorce petition is filed and the lawyer’s fees.