DIVORCE LAWYERS IN INDIA

DIVORCE LAWYERS Services Overview in India

You're on the most suitable site if you wish to file for divorce from your partner! The best attorneys in India at Lawtendo can help you with the divorce procedure. Before delving into the particulars of the legal procedure, let's examine the grounds for the divorce in more detail. The Lawtendo legal staff will guide you through the process of obtaining a divorce in India, whether it is mutual or contested. 

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Divorce is the term used to describe the state in which two married parties have no ability to coexist together and have decided to end their marriage. Given the sanctity associated with marriage, one might state that it is a sacred institution. When there is no longer any emotional connection between the two people in a marriage, it is said to be in the divorce stage. Divorce may be granted for a number of reasons. There exist two methods to obtain a divorce. You may read more about them on this website.

Categories of Divorce in India

Divorces in India typically fit into one of two groups. That's what they are, exactly:

1. Contested Divorce: In this kind of divorce, a court of law must grant the divorce decision through an application. These are the standard grounds for granting this type of divorce; they are discussed in more detail below.
2. Separation by Mutual Consent: In this type of separation, both partners concur that the terms and conditions of their union are too demanding or unsuitable for them to carry on as a pair in the future.

These are thus the most typical divorce situations in India.

What is required to be carried by a partner to file a Mutual Consent Divorce in India?

An application for a divorce by Mutual Consent must be submitted in India's civil courts along with a relatively straightforward set of documentation. The parties must get ready the following paperwork before submitting a India divorce by Mutual Consent. The list previously described has a rather broad scope, and if further papers are needed, it can be further reduced. It is not predicated on any specific personal legislation. It is necessary to have the following files:

1. Identity Verification for the Husband and Wife: the proof of address provided by the husband and wife.
2. The wife's two passport-sized photos.
3. The two spouses' passport-sized photographs.
4. The husband and wife's inability to live together is evidence that their efforts at reconciliation failed.
5. Details regarding any assets owned jointly by the parties.
6. Marriage licence, if the government recognises the partnership
7. Returns on Income for the three years prior
8. The invitation card's images

Therefore, when applying for a divorce in India by Mutual Consent, the parties must retain these documents.

Conditions that must be met before filing for a Mutual Consent Divorce

1. The parties believe that their union ought to end.
2. The parties to the divorce separated less than a year ago.
3. Prior to initiating a Mutual Consent Divorce in India, several requirements need to be fulfilled. 
4. At this point, there's no chance that the parties will reach a consensus.

Thus, for divorce in India to be finalised by Mutual Consent, the parties must meet these conditions. In India, a divorce by Mutual Consent is only permitted if all parties—religious or not—fulfill the following general requirements mentioned above. 

Jurisdiction for filing a petition for Mutual Consent Divorce 

In order to get a Mutual Divorce decision in India during regular business operations, civil courts usually exercise a variety of jurisdictions. The Civil Courts have the following categories of jurisdiction:

1. The previous home of the Wife.
2. The parties were married in the marriage tribunal.
3. The husband's previous home.
4. Where the husband and wife used to live.

Therefore, cases involving the filing of divorce decrees by Mutual Consent may be handled by the India Civil Court jurisdictions mentioned above.

Learn about the procedure to file a Mutual Consent Divorce in India

The procedure in India for starting a divorce by Mutual Consent is as follows. A legal professional in India is usually necessary because the process of getting a divorce by Mutual Consent is somewhat complex. Ask us for assistance!

• Step 1: File a Joint Application with the Civil Court: The Civil Court that has jurisdiction over the case must receive a joint application in order to initiate a divorce in India by Mutual Consent. The application should contain names, contact details, the place and date of marriage, the duration of the separation, the cause of the split, and any prior efforts at cohabitation. This petition needs to be signed by the husband and wife in India.
• Step 2: Parties' Appearance: The India civil court sets a time for both parties to be summoned after the petition is filed. Courts typically grant parties a six-month cooling-off period in civil proceedings, up to a maximum of eighteen months. The petitioners will be informed about the second motion in six months. However, lifting this cooling-off period may be in the best interests of the parties involved if the civil courts determine that there is no longer any chance of reconciliation.
• Step 3: Appearance on Second Motion: The India Civil Courts normally grant a six-month cooling-off period on the Second Motion after the parties' attendance, as we have already read in the section above. Once the court has recorded each party's statement, it will resolve any outstanding matters, including child marriage, custody, and support. The India courts will ultimately rule in favour of a Mutual Consent divorce.

Therefore, this is how a divorce by Mutual Consent is handled in India. Whenever you find yourself stuck, get professional advice from us!

Time required for obtaining a decree for Divorce in India

Although it is a more expedient and less time-consuming process, the Mutual Consent Divorce process still takes at least six months to complete. But in India, it can take anywhere from 18 to 24 months to finalise a contentious divorce decree.

Under what circumstances is a Contested Divorce permissible in India?

As everyone is aware, a contested divorce is one in which one party files for divorce in a court of law on the other's behalf. India's laws have defined a number of situations and situations that specifically contest being grounds for a contested divorce. The following justifications are provided by the Act itself:

1. Leprosy: An infectious condition called leprosy can cause extensive lesions and loss of nerve function. Despite being a mental illness, it may be the reason behind a tumultuous divorce in India.
2. Adultery: In India, the most difficult ground on which to obtain a judgement for a contested divorce is adultery, which is defined as one partner having sex with another individual while not married.
3. Cruelty: India permits the filing of a contested divorce in cases when one spouse puts the life or limb of the other in jeopardy.
4. Partner unseen: A petition for a contentious divorce may be filed by a partner who has not spoken to or been unable to locate the other spouse for the previous seven years.
5. Desertion: A desertion occurs when one spouse deliberately walks away from the other with no intention of coming back. For these reasons, there is a two-year waiting period in India before pursuing a disputed divorce.
6. Mental Illness: If one partner is acting strangely because of a mental illness, the other partner may be able to file for a disputed divorce in India.
7. Renunciation from the World: The act of a husband returning from the world and then dedicating himself to its system.
8. Conversion: In India, if one of the married couples has undergone a religious conversion, the other spouse may petition for a contested divorce.

These are the circumstances/conditions that apply to a spouse seeking a contested divorce in India through an application to the Civil Court.

Details required to submit an application for a Contested Divorce in India

The following documentation is needed to submit a petition for a Contested Divorce in India. The parties are advised to make a note of these documents before applying to obtain a decree for Contested Divorce in India

1. Evidence of each party's place of abode; three years' worth of income tax filings; pictures of the spouses together.
2. Details on any jointly owned assets
3. Evidence of a misguided attempt at peacemaking

What steps need to be taken in India to get a Contested Divorce?

A six-step process for contested divorces was devised by a India civil court. The following are the steps involved. At each step of the process, you will definitely require guidance from the legal experts. The team of lawyers at Lawtendo is there for you!

1. Drafting the Divorce Petition: The India Civil Court, which has jurisdiction over the matter, will receive the divorce petition from the parties if it is properly prepared and submitted with the required court filing costs. It is essential that you seek out knowledgeable legal representation because of this. Lawtendo's solicitors will help you through the procedure.
2. Sending the Summons: In order to obtain a contested divorce decree in India, the Civil Court will then serve a summons to the other party. Serving a summons has two main goals: it notifies the other party that legal action is being taken and it makes a demand for a response.
3. The Trial Begins: Both parties' statements and the witness statements are recorded, provided the other party shows up once the summons is sent out. Further summonses have been issued in case the opposing party does not show up on the day of the trial.
4. Argument: The civil courts videotaped the parties' arguments after their hearing.
5. Final Decision of the Civil Court: After hearing arguments from both parties, the Civil Court renders a decision. Any party not happy with the result of the civil court has the option to appeal the matter to the higher courts in India by filing an appeal against the order delivering the ruling.

Difference between a Mutual Consent Divorce and a Contested Divorce in India

Divorce by Mutual Consent	Contested Divorce
Both parties submit a petition for Mutual Consent Divorce.	One side files a petition for a Contested Divorce.
There are no disagreements over the parameters of a Mutual Consent Divorce.	Conversely, in a Contested Divorce, there may be disagreements between the parties on the terms of the dissolution.
A Mutual Consent Divorce takes less time and costs less money to complete.	A Contested Divorce will cost more to process than a Mutual Consent Divorce.
Divorces with Mutual Consent take less time.	Since the Civil Court's involvement in a Contested Divorce is maximal, the procedure of getting one requires more time and work.
In a Mutual Consent divorce, the Civil Court's involvement is minimal.	In a Contested Divorce, a civil court's involvement is maximum.

Frequently Asked Questions (FAQs)

Q1: Is it possible for a Civil Court to give a Mutual Consent Divorce without following the cooling-off period?

A: Without a doubt, in exceptional cases, the Court may waive the cooling-off period.

Q2: Is attendance in person by both parties at the India Civil Court needed during arguments?

A: True, in order to participate in the India hearings on the first and second motions, both parties must show up.

Q3: Can a non-resident Indian (NRI) voluntarily file for divorce?

A: An NRI can ask for an order of Mutual Consent, just like an Indian, but they'll also need more documentation to prove their jurisdiction.

Q4: Can one partner decide against going through with a joint divorce?

A: A party may actually revoke their consent in a divorce based on Mutual Consent.

Q5: When both parties agree to a divorce, how long does it take to finalize the divorce?

A: Distribution could take place in two or six months.

Q6: Can the Court reject a contested divorce?

A: Yes, if the court finds that the divorce grounds are wrong or that the case's legal treatment was flawed.

Q7: Can assets be redistributed after a Mutual Consent Divorce is finalized?

A: The redistribution of assets is typically settled during the Mutual Consent Divorce agreement and may not be modified afterward, barring exceptional circumstances.

Q8: Is it mandatory to disclose financial details during Mutual Consent Divorce proceedings?

A: Yes, both parties are usually required to disclose financial details to ensure fair asset division during Mutual Consent Divorce proceedings.

Q9: Can an individual file for Mutual Consent Divorce without the presence of both parties in court?

A: While generally both parties are required to be present, exceptions can be made, allowing one party to be represented by a lawyer or through video conferencing.

Q10: Can child custody arrangements be contested after Mutual Consent Divorce?

A: Child custody arrangements can be contested under certain circumstances, even after the Mutual Consent Divorce is finalized.

Q11: Is there a cooling-off period in all Mutual Consent Divorce cases?

A: While a cooling-off period is typical, the court has the authority to waive it in exceptional cases.

Q12: Can specific reasons for divorce be included in the Mutual Consent Divorce agreement?

A: The Mutual Consent Divorce agreement typically focuses on terms and conditions rather than specific reasons for divorce.

Q13: Is counseling recommended before opting for Mutual Consent Divorce?

A: While not mandatory, counseling is often recommended to facilitate a more informed decision-making process.

Q14: Can an estranged spouse contest Mutual Consent Divorce after the decree is issued?

A: Contesting a Mutual Consent Divorce decree is generally not allowed once it is issued, except under specific circumstances.

Q15: Can the court reject a Mutual Consent Divorce if it discovers contradictions or insincere consent?

A: Yes, the court has the right to reject a Mutual Consent Divorce if it discovers contradictions or insincere consent during the process.