Everything You Need to Know Regarding Divorce Laws in India

Nothing is probably more heartbreaking than having to legally terminate your marriage. It’s among the hardest decisions in one’s life. And even more distressing thing about divorce is the legal procedure that it entails.

While separation is completely legal in India, the procedure is quite painful and lengthy. If you have already decided that you want to end your marriage, but you aren’t sure as to how you must process, then you should contact the best divorce lawyer in Delhi.

Divorce by Mutual Consent

There are two separate ways of getting divorce in India and they are contested divorce and divorce by mutual consent. The latter is the easiest and quickest way of getting a divorce. This process needs both the parties to agree to divorce mutually.

To file a divorce by mutual consent, both parties are required to live separately for atleast a year already.

• Step 1: Both the parties are required to file a divorce petition in the court.
• Step 2: Statement given by both the parties is duly recorded and then it is signed on paper by either party in front of the honorable court.
• Step 3: The honorable court provides both the parties six months’ period, called reconcile period, during which they may consider their marital relationship once again and decide whether they’d like to continue their separation procedure.
• Step 4: Finally, after reconcile period gets over, both the parties are called for a final hearing, if they have decided to go through the process.
• Step 5: During final hearing, honorable court would announce it final decision.

Contested Divorce

As it is indicated by the name itself, contested divorce entails one partner having to contest his/her spouse to be legally divorced, suggests the divorce lawyers in Delhi NCR. As per the divorce laws of India, people are eligible to make petition for contested divorce if they have been suffering from desertion, adultery, mental and/or physical cruelty, impotency, spouse being mentally unsound, etc. which could make staying together difficult.

Here are steps included in filing a contested divorce in court:

• Step 1: Firstly, decide on what grounds do you want to file a petition for divorce.
• Step 2: Then start collection the necessary evidence and documents to back up your grounds. It is a very important step of filing divorce petition. You need to have ample evidence and documents to prove your case, else your case might get rejected.
• Step 3: File divorce petition in court,
• Step 4: Thereon, the court would summon the erring spouse. If he/she fails to show, then divorce will be granted once the court has thoroughly evaluated the evidences. And if the erring spouse appears, then the court would refer both the parties for mediation so that issue could be resolved in an amicable manner.
• Step 5: If both the partners don’t resolve, then the erring spouse would file written statement against the petition filed against them. This statement has to be submitted between 30 days and 90 days.

When you need the best criminal lawyer in Delhi for your case, there’s nothing worse than having one who wouldn’t even respond to your queries and hear your concerns. So, make sure that you retain a lawyer who is communicative and responsive.