INTRODUCTION
According to Indian law, filing a divorce petition is the first step in the divorce process. One of the parties files the divorce petition, and the other receives the notice of divorce. To know more about divorce advocate in chennai
PROCEDURE FOR MUTUAL DIVORCE
2.1 FILING OF PETITION
The husband and wife jointly submit a petition to the family court. They must show they’ve been living separately for at least one year and cannot live together anymore. Both must sign the petition.
2.2 SCRUTINY OF PETITION
Both spouses appear in court with their lawyers. The court reviews the petition and documents. If reconciliation attempts fail, the case proceeds.
2.3 RECORDING STATEMENTS ON OATH
If satisfied with the petition, the court orders both spouses to record their statements under oath.
2.4 FIRST MOTION ORDER AND WAITING PERIOD
After recording statements, the court issues an order on the first motion. A six-month waiting period follows before filing for the second motion, with a maximum of 18 months from the petition date.
2.5 SECOND MOTION AND FINAL HEARING
If the spouses continue the divorce after the waiting period, they appear in court for the second motion. The Supreme Court allows the six months to be waived if prolonging the process causes suffering. However, either spouse can withdraw consent before the final decree. If the second motion isn’t filed within 18 months, no divorce decree will be issued.
2.6 DECREE OF DIVORCE
The court issues a divorce decree if satisfied with the arguments and finds no chance of reconciliation. This decree legally ends the marriage, finalizing the mutual divorce process.
PROCEDURE FOR CONTESTED DIVORCE
3.1 PREPARATION OF PETITION
One spouse, the aggrieved party, consults a lawyer and provides details leading to the divorce decision. The lawyer drafts the petition with supporting documents.
3.2 FILING OF PETITION
The petition, along with affidavits and authorization, is filed in the appropriate family court jurisdiction.
3.3 SCRUTINY BY COURT
On the first hearing date, the court reviews the petition based on the allegations and grounds provided.
3.4 APPEARANCE OF OPPOSITION
The court issues a notice to the non-contesting spouse. They must respond to the petition and applications, appearing with their lawyer to address the allegations.
3.5 DIRECTION FOR MEDIATION
The court may direct the spouses to mediation to reach an amicable solution. If mediation fails, the court continues with the divorce proceedings.
3.6 FRAMING ISSUES AND RECORDING EVIDENCE
The court frames issues and records evidence from both sides. Each side submits evidence, cross-examines, and presents witnesses.
3.7 FINAL ARGUMENTS
After submitting evidence and cross-examinations, lawyers conclude their arguments. The court sets a date for the decision.
3.8 DECREE OF DIVORCE
The judge decides based on the case details and issues a divorce decree if appropriate. If either party disagrees with the verdict, they can appeal within three months from the decree date, concluding the contested divorce process.
These steps outline the mutual and contested divorce procedures in India, ensuring legal separation through the family court system.
