What is the procedure to apply for divorce

292 votes

In order to apply for divorce in Tamil Nadu you would have to file a divorce petition in the district court within the local limits whose jurisdiction your wife resides, i.e., Neyveli, Tamil Nadu. To apply for divorce in Tamil Nadu, you need to follow the procedure outlined below. It is advisable to consult with a lawyer who specializes in family law to ensure that you comply with all the necessary requirements:

1. Grounds for Divorce: Determine the grounds on which you wish to seek a divorce. In India, divorce can be obtained under various grounds, such as cruelty, adultery, desertion, conversion to another religion, mental disorder, or mutual consent. Discuss your situation with your lawyer to determine the appropriate grounds for your case.

2. Preparation of Petition: Your lawyer will help you prepare a divorce petition that outlines the details of your case, including the grounds for divorce, details about the marriage, and any relevant supporting evidence.

3. Supporting Documents: In addition to the divorce petition, you may need to gather and provide supporting documents, such as marriage certificates, photographs, any relevant communication records, evidence of cruelty (if available), and financial documents if alimony or maintenance is being sought.

4. Filing the Petition: Once the petition is prepared, it needs to be filed in the appropriate family court in Tamil Nadu. You will need to submit multiple copies of the petition along with the required court fees.

5. Serving Notice: After filing the petition, a copy of the petition and summons will need to be served to your spouse. This is typically done by a court-approved process server or through registered post with an acknowledgment due. Proof of service needs to be submitted to the court.

6. Response from the Opposite Party: After being served with the divorce petition, your spouse has the opportunity to respond within the stipulated time frame (usually 30 days). They can file a written response, known as a counter-petition, admitting or denying the allegations mentioned in the original petition.

7. Evidence and Trial: The court will schedule hearings where both parties can present their evidence and arguments supporting their respective cases. Witnesses may be called upon to testify, and any relevant documents or evidence should be submitted as per the court's directions.

8. Decree of Divorce: If the court is satisfied with the evidence and arguments presented, it may grant a decree of divorce. The decree officially dissolves the marriage.

Regarding alimony or maintenance charges, it is a complex matter that depends on various factors such as income, financial situation, and the needs of the dependent spouse and child. It's important to note that the specific steps and requirements may vary based on the circumstances of the case and the court where the petition is filed. 

LawRato LawRato

572 votes

Dear Client,
you provided incomplete information but taking into account some assumptions i advice you to talk to your wife through some elders of family or friends, arrange some mediation (through court also) and try to settle the matter and if remained unsolved better to go for mutual consent divorce only.
if you file divorce based on ground such as cruelty etc it will take a long time to get it, so better to file mutual consent divorce. it will save your time, money and mental tension.

you can file divorce case at any of the place -

1. where marriage was performed,
2. where both parties lived after marriage and before seperation,
3. where your wife is living now,

for further clarifications or assistance you can call/meet me.

Advocate Suneel Moudgil LawRato

677 votes

since how long you are staying in Gurgaon? You can file a divorce case here in Gurgaon also. Is your wife working? What kind of cruelty you are facing? you should have some strong grounds of cruelty done by your wife against you. All you need is your wedding proof, like wedding card marriage photos, your ID proof and two passport size photos to file the divorce case in Gurgaon

Advocate Arun Singh LawRato

968 votes

Please correct your facts, how is possible you married in Feb 2015 and having 2 years old child. Any way you can take divorce on various grounds like mutual consent, cruelty, separation etc. Documents and procedure can be discussed in personal meeting. Further alimony etc depends upon various factors like your earning, her earning as well as your family circumstances

Advocate Parmod Kumar Sachdeva LawRato

351 votes

You may have to file a divorce case either at your wife’s residence or where you both last lived together. So, you may have to file for divorce in a family court having jurisdiction over Neyveli. As you have mentioned, the cruel behaviour of your wife is the reason for seeking divorce, and thus, you can file a contested divorce under the ground of cruelty as per Section 13(1) of the Hindu Marriage Act, 1955.

To initiate the divorce proceedings, you will need to consult with a lawyer who will be able to guide you through the entire process. Some of the documents that are usually required include a marriage certificate, address proof, proof of cruelty such as any communication records, witnesses, and any other relevant documents supporting your case.

Advocate Chikirsha Mohanty LawRato

241 votes

Step 1: Filing a divorce petition. ... Step 2: Appearance before the Court and inspection. ... Step 3: Giving orders to record statements under oath. ... Step 4: The First Motion has been passed, and six months are given to the Second Motion.

Advocate Chikirsha Mohanty LawRato