Procedure for filing divorce without mutual consent online
19-May-2023 (In Divorce Law)
I want to know the way to apply for divorce without mutual consent . please suggest me the right and faster way for same.
hello client hru.
as i can see tye query above mentioned is very detail query. it needs to be explained in detail only for that matter you need to discuss in details . here i can only explain in shorter note .
as the divorce filling is to be done for tht first you need to knw tht where you wish to file divorce .
secondly divotce need to be filled is need to be filled with compansation and allimony or without .
thirdly you need to consider tht child custody issue is therè or not.
fortly for faster finalisation of divorce you need to have an experienced advocate
thts all for detail kindly discuss consultation thanks
as i can see tye query above mentioned is very detail query. it needs to be explained in detail only for that matter you need to discuss in details . here i can only explain in shorter note .
as the divorce filling is to be done for tht first you need to knw tht where you wish to file divorce .
secondly divotce need to be filled is need to be filled with compansation and allimony or without .
thirdly you need to consider tht child custody issue is therè or not.
fortly for faster finalisation of divorce you need to have an experienced advocate
thts all for detail kindly discuss consultation thanks
IMPORTANT TIPS ON FILING OF DIVORCE PETITION BY BEST DIVORCE LAWYER IN DELHI:
Parties to the divorce should be living separately since last one year on the date of filing of the petition for divorce.
Documentary proof of marriage between the parties is to be filed before the court.
The photographs of the parties are also field along with the petition.
The proof of residence of the parties is also to be filed.
The petition is to be filed in the concerned family court where the parties resided/resided or the matrimonial home is situated.
MAINTENANCE DURING DIVORCE PROCEEDINGS:
The wife or even the husband can file application for grant of maintenance during the pendency of the divorce petitions before the Family Courts in Delhi. The provision Section 24 of the Hindu Marriage Act, 1955 and Section 36 of The Special Marriage Act,1954 are attracted. Family Court is empowered to issue orders for the maintenance of the wife or the husband during the pendency of the proceedings of divorce before. The Family Court takes a summary view of the entire facts of the case and then decides the application for the interim maintenance which is based upon the estimated earnings and level of living of the husband. The court also awards the cost of the proceedings of divorce.
MAINTENANCE OF WIFE UNDER OTHER LAWS:
Section 125 of the Code of Criminal Procedure,1973.
Domestic Violence Act,2005 also deals with the subject of maintenance of the wife and the child.
Section 18 & 20 of The Hindu Adoptions and Maintenance Act,1956.
STEPS INVOLVED IN A DIVORCE CASE BEFORE A FAMILY COURT:
STEP-I: The divorce petition containing the facts of the case, the grounds of divorce, all details of the parties is filed before the Family Courts under the law.
STEP-II: Family Court scrutinizes the divorce petition and issues notice on the divorce petition to the other party against whom the divorce petition has been filed.
STEP-III: The parties to the divorce proceedings are directed to appear before the court for mediation in most of the cases and efforts by the court is made to reconcile them at first.
STEP-IV: The reconciliation proceedings being conducted by the Family Court is either end successful then the matter stands settled. If the reconciliation proceedings end in failure then the Family Court proceeds with the matter.
STEP-IV:The Family Court directs the opposite party to file written statement to the divorce petition and take all his defenses.
STEP-V: The petitioner is directed to file his rebuttal/rejoinder to the written statement filed by the opposite party. The application for interim maintenance etc is decided by the court at this stage of the case.
STEP-VI:The court frames the issues for adjudications and the matter is posted for evidence of the parties.
STEP-VII: The petitioner is directed to lead its evidence by way of filing the relevant documents, papers and by summoning all its witnesses.
STEP-VIII: The respondent is asked to lead its evidence by way of fling of the relevant documents, papers and by summoning all its witnesses.
STEP-IX: The final arguments in the matter are held and the matter is decided by the court.
STEP-X:The court passes the decree of divorce or rejects the matter based on the entire facts, evidence and law. Either the divorce is granted in favour of the applicant or it is rejected by the court after discussing the entire facts, legal grounds and all other related material.
Parties to the divorce should be living separately since last one year on the date of filing of the petition for divorce.
Documentary proof of marriage between the parties is to be filed before the court.
The photographs of the parties are also field along with the petition.
The proof of residence of the parties is also to be filed.
The petition is to be filed in the concerned family court where the parties resided/resided or the matrimonial home is situated.
MAINTENANCE DURING DIVORCE PROCEEDINGS:
The wife or even the husband can file application for grant of maintenance during the pendency of the divorce petitions before the Family Courts in Delhi. The provision Section 24 of the Hindu Marriage Act, 1955 and Section 36 of The Special Marriage Act,1954 are attracted. Family Court is empowered to issue orders for the maintenance of the wife or the husband during the pendency of the proceedings of divorce before. The Family Court takes a summary view of the entire facts of the case and then decides the application for the interim maintenance which is based upon the estimated earnings and level of living of the husband. The court also awards the cost of the proceedings of divorce.
MAINTENANCE OF WIFE UNDER OTHER LAWS:
Section 125 of the Code of Criminal Procedure,1973.
Domestic Violence Act,2005 also deals with the subject of maintenance of the wife and the child.
Section 18 & 20 of The Hindu Adoptions and Maintenance Act,1956.
STEPS INVOLVED IN A DIVORCE CASE BEFORE A FAMILY COURT:
STEP-I: The divorce petition containing the facts of the case, the grounds of divorce, all details of the parties is filed before the Family Courts under the law.
STEP-II: Family Court scrutinizes the divorce petition and issues notice on the divorce petition to the other party against whom the divorce petition has been filed.
STEP-III: The parties to the divorce proceedings are directed to appear before the court for mediation in most of the cases and efforts by the court is made to reconcile them at first.
STEP-IV: The reconciliation proceedings being conducted by the Family Court is either end successful then the matter stands settled. If the reconciliation proceedings end in failure then the Family Court proceeds with the matter.
STEP-IV:The Family Court directs the opposite party to file written statement to the divorce petition and take all his defenses.
STEP-V: The petitioner is directed to file his rebuttal/rejoinder to the written statement filed by the opposite party. The application for interim maintenance etc is decided by the court at this stage of the case.
STEP-VI:The court frames the issues for adjudications and the matter is posted for evidence of the parties.
STEP-VII: The petitioner is directed to lead its evidence by way of filing the relevant documents, papers and by summoning all its witnesses.
STEP-VIII: The respondent is asked to lead its evidence by way of fling of the relevant documents, papers and by summoning all its witnesses.
STEP-IX: The final arguments in the matter are held and the matter is decided by the court.
STEP-X:The court passes the decree of divorce or rejects the matter based on the entire facts, evidence and law. Either the divorce is granted in favour of the applicant or it is rejected by the court after discussing the entire facts, legal grounds and all other related material.
There is no way faster than the mutually accepted Divorce petition in the court but it akso takes all most as on average minimum 7 months in a general case. on the other hand contested Divirce matters take 2-3 years as on average to get final divorce.
However it is always suggested that family dispute matters spacially as of Divorce maters look very simple at a g l ance but are very hard to prove in the courts as all allegation/ events take plase mostly within four walls of the house. So pl engage a good and experienced Advocate of the same field, who can prove your allegations against your wife in the court successfully and can conduct cross examination of the opponent witnesses in your favour.
However it is always suggested that family dispute matters spacially as of Divorce maters look very simple at a g l ance but are very hard to prove in the courts as all allegation/ events take plase mostly within four walls of the house. So pl engage a good and experienced Advocate of the same field, who can prove your allegations against your wife in the court successfully and can conduct cross examination of the opponent witnesses in your favour.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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