What Is The Legal Process At The Time of Divorce?
Divorce involves rearranging or removing the legal obligations and responsibilities of marriage, which dissolves the ties of matrimony between a husband and wife under the specific legal system of the nation or state. In order to file a divorce petition, one needs to hire a divorce advocate in Delhi.
Types of Divorce:
Divorce by Mutual Consent: When both partners decide to end their troubled union, they choose the Indian divorce process with Mutual Consent. A joint divorce petition must be developed, confirmed, and signed by both husband and wife in a divorce by consent, and it must then be submitted to the appropriate court with the assistance of an experienced divorce attorney. In order to submit a joint petition for divorce by mutual consent, the spouse must have been apart for more than a year or two years, respectively, in accordance with Section 13(B) of the Hindu Marriage Act of 1955 and Section 28 of the Special Marriage Act of 1954.
Contested Divorce: Couples that form marital ties have a variety of rights. The other party is free to submit a divorce petition if any of the parties rights are violated. A lawyer in Delhi can easily find a ground for filing a contested divorce under the Hindu Marriage Act.
Grounds of Divorce under Hindu Marriage Act: Section 13
- Adultery is a crime that occurs when one or both spouses engage in sexual activity outside of their marriage.
- Cruelty is described as a deliberate act that endangers someone's physical safety, life, mental stability, or both. It can involve causing harm, mistreating, or torturing someone physically or mentally.
- Desertion is the act of one spouse intended leaving the other without any intention of returning. Departure for more than two years may qualify as a valid divorce reason.
- Religion Conversion: In a Hindu marriage, losing one's faith might be grounds for divorce if one of the partners no longer practices Hinduism.
- Mental illness: Mental illness or a mental ailment that causes abnormally violent behavior are all examples of mental disorders.
- Communicable diseases and leprosy: Leprosy is a chronic, contagious disease that damages the nerves and leaves skin sores.
- Spouse not heard of: A divorce may be granted if either spouse has not been contacted for more than seven years.
- Renunciation of the world: If one of the spouses has given up on the world and joined a holy order, this is grounds for divorce according to the Hindu law.
Grounds Available for Wife:
- The husband has engaged in bestiality, sodomy, or rape.
- Before turning fifteen, the wife was married.
- They haven't lived together for more than a year due to a court order or decision providing the wife support.
Legal Process for Divorce:
Filing of Divorce Petition: The filing of a divorce petition with the appropriate court fees before the relevant family court is the first stage in the divorce process.
Territorial Jurisdiction of Court:
- The current residence of the spouse
- Where the couple last resided
- Where the wife now resides
Before the relevant court, the party seeking the divorce must file a petition to begin the divorce process in India. The grounds for divorce must be stated in the petition and thereafter supported by evidence. It is necessary to seek the guidance and counsel of an experienced divorce attorney.
Summons: After filing a divorce petition, the next step is to serve the opposing party with a summons and inform them that their spouse has already started the divorce procedure. A covering letter is written on the Advocate's letter pad and sent with the summons by fast post.
Attendance in Court: The partner against whom the divorce is filed must appear in court on the specified date after receiving the summons. If the other spouse doesn't show up on the scheduled date, the judge may allow the petitioner to have an ex parte hearing before the court issues an ex parte decree of divorce, ending the divorce process.
Trial and Interim Orders: The subsequent step in the divorce process in India is to hold the trial.
The court hears from both parties and their witnesses and evidence after receiving the appropriate petitions. The primary and cross-examinations of spouses, as well as the examination of the evidence, will thereafter be conducted by the respective attorneys. Another element of the divorce process in India is interim orders. Any party may file a petition with the court throughout the divorce process to get a temporary order of child custody and support. The court will hold a hearing, and if satisfied, will issue the interim orders.
Arguments by Parties: The court hearing at this stage of the divorce process is the most important since it is where the attorneys for each side argue to prove their clients' claims using the evidence they have presented and the witnesses they have brought forward. This phase is crucial to succeeding in the divorce process.
Decree: The announcement of the final divorce order is the last stage in the divorce process.
Following the conclusion of all earlier stages, the court issues the final decree that completely dissolves a marriage. Both parties have the option to appeal to higher courts if they are not happy with the final decision.
A divorce lawyer in Delhi can help you file a petition for divorce in the family court. The grounds upon which divorce is being filed can be discussed with the lawyer and their expertise is helpful in framing the arguments.
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