Want to know the procedure for Divorce?

784 votes

Divorce by mutual consent if both parties agree, else divorce can be filled on grounds of cruelty, adultery or for nullity of marriage if the marriage is in contravention to section 5 of Hindu marriage act.

Advocate Rajesh Rai LawRato

531 votes

Dear Sir,

There are two kinds of divorce

Divorce by Mutual Consent is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised in 6 months. However there may be cases where the decision to part may not be a mutual one, and it is only one party who considers the union to be troublesome and worth getting rid off. Such situations lead to Divorce being contested.



Contested Divorce

In this regard we follow the fault based system of divorce. Divorce is granted only on proof of fault or guilty conduct of one party and innocence of the other. The most common ground for divorce is cruelty (Simply such conduct as to make it impossible for parties to live together – this includes mental or/and physical torture). Another common ground is adultery (sexual intercourse outside wedlock) one instance of lapse of virtue can lead to divorce.

Divorces are also common on grounds of desertion (simply wilful abandonment of one spouse by the other without reasonable cause/excuse). Apart from this Conversion of religion/Unsoundness of mind/Renunciation of world are also grounds for divorce.



As per the law as it stands our legal system does not allow divorce to be granted on the ground of irretrievable breakdown of marriage or irreconcilable differences.(Known as no fault grounds). Call it impractical & absurd. To get a divorce one has to prove wrongdoing on the part of other spouse, and impeccable conduct of one’s own in order to win. Which is impossible sometimes. Legislature has taken note of this pragmatic reality and a bill on the same topic is pending in the Parliament, which would allow a person to seek divorce on ground of inherent incompatibility leading to breakdown of relationship.



PROCEDURE OF GETTING A CONTESTED DIVORCE

Ascertain the ground on which you want to seek divorce.
Collect evidences.
Consult a seasoned divorce lawyer for same.

I can be contacted for consultation and further course of action.

LawRato LawRato

717 votes

Please note, you can file for Divorce with mutual consent. in case both the partners agree for divorce, then petition for divorce can be filed before the Principal Judge, Family Court, Divorce through mutual consent is the easiest procedure which is completed with two motions.

The other way is to file petition for divorce by either partner.

regards,

Advocate Brijinder Khurana LawRato