Is it possible to serve divorce papers by hand instead of post?

962 votes

If both of you decided to be separated you and your husband can file a joint petition before the Family Court.Though the petition is filed it will be called upon for the evidence only after six months.

Advocate Sindu R Kurup LawRato

769 votes

The divorce shall have to be filed before the family court and the parties shall ne present at the time of filing petition both the parties shall be present before the court


So by staying in some other place won't serve the purpose

Advocate A.G. Syam Kumar LawRato

995 votes

Hai.
its just a filmsy thing tat people use these days telking abt divorce. Its done in a series of procedures strictly under the lawz watchful eyes. Regarding ur query a divorce where u need to sign needs to be either by mutual consent (joint petition) else by contesting divorce application where u shall be the petitioner initiating the procedures. Both these aspects needs ur personal presence in indian soil. Ur sgnature will be attested and verified ensuring ur presence in person.
So u can take tat as only word thing. Yet make sure tat some one is available in ur address mentioned in marriage certificate and also in an adress where u people resided together last. Yet if a divorce somehow got allowed from a court beyond ur knowledge u can set aside tat order. No worries. Now the real solution is to try n talk with him solve the problem between both f u. No problem exists without a solution. Try not to involve family into it. Try talking with a professional counsellor. Think abt kids n good times u had together. Mend it. Life is short live it wise.
Hope am upto ur query

Advocate Manoj George LawRato

579 votes

Divorce allows a person to break free from an onerous marital relationship. But since marriage is not merely a contract but a very important societal institution. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc. Known as matrimonial offences.

Court Procedure
1. Hire a lawyer and provide him with all the relevant details
2. Lawyer files a petition in court
3. The court will send a copy of the petition to your spouse
4. The spouse could contest or agree to the divorce. If he/she contests it then the length of the process would depend on the facts of the case.
5. In case of mutual consent the spouses need to prove that they have been staying apart for more than a year
6. Once the proceedings are over the court gives a period of six months to reconsider the decision to divorce
7. In case the petitioners don't withdraw the petition the court grants the decree to 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.

Steps in Court Procedure (13 B)

In all there are two court appearances in a mutual divorce
1. First A joint petition signed by both parties is filed in court. Secondly In the first motion statement of both parties are recorded and then signed on paper before the Honourable Court.
2. Thirdly The 6 month period is given for reconciliation, (the honourable court gives a chance to the couple to change their mind)
3. Fourthly 6 months after the first motion or at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.
4. Divorce decree will be granted as the Honourable Court may deem fit.


Now reading the above procedure you can analise how a petition for divorce filed. Better settle the matter amicably and live long with love and affection.

Advocate Ajay NS LawRato

651 votes

Facts you have stated are incomplete; even it does not suggest that there is any marital issue among you. Please post the complete facts highlighting the issues, if any.....

Advocate P Venu LawRato