A divorce procedure, according to the Indian Legal framework, in a general sense, starts with the filing of a divorce petition. The way where this whole method of divorce in India works begins at the point at which the divorce petition is filed by one of the parties related with the divorce procedure and notice of that is served to another party. Suppose things between husband and wife are not good, and either party is facing any difficulty, and both of them have mutually decided to part their ways by the legal method. In that case, they can file for a 'mutual divorce' under the Hindu Marriage Act, 1955. It is also possible for the parties to file for divorce even if the other party related to the divorce is not willing to get a divorce - this is known as ‘contested divorce’. The procedure and steps to file divorce are given below-
- In case of a mutual divorce, a joint petition shall be filed for the termination or dissolution of the marriage on the ground that they have been living independently for a time of one year or more, or, more than likely expressing that they have not had the option to live respectively. They have commonly consented to break down the marriage. In case of a contested divorce, a single party has to file a petition stating the situation with all the relevant documents along with affidavits and vakalatnama would be signed by the party contesting, in the presence of a Notary/commissioner.
- In both cases, once the petition has been filed, they will have to appear before the court with the scrutiny in each case.
- The court then follows its procedure regarding the recording of statements, first and second motions etc.
- When a person is filing for a mutual divorce he/she must have the information required for filing; this information requires the documents to be filed they are- Address proof of husband and wife, Professional and Financial (present earnings) details of both husband and wife, Marriage Certificate, Information regarding family background, Wedding photographs of the husband and wife, Evidence that may prove that the husband and wife have not been living together for more than a year, Evidence that can show failed attempts to reconcile, Income Tax statements of both parties, Property and asset details of husband and wife.
- In case of a contested divorce the following documents are required-Address proof of husband, Address proof of wife, Photographs of marriage between the husband and wife, Certificate of marriage, Evidence supporting the ground on which divorce is sought (cruelty, adultery, desertion, lunacy, leprosy, the presumption of death, conversion to another religion, etc.), Professional and Financial proofs.
- One will need a lawyer to file the divorce petition; one must file the divorce petition in family court according to the jurisdiction. Keep these in mind, and you are ready to set yourself free.
