What is the Divorce?
A Divorce is the process of dissolution of a marriage. Divorce initiates the canceling of legal responsibilities and duties of marriage, besides dissolving the matrimonial bond between a married couple under the particular rule of law of the country or state.
In former days, the word divorce used to be considered a sin and was looked down upon in one’s individual’s life and create a lot of marital trouble and issues.
But, as time passes the advancement of society's views and perceptions has changed life. Not a least but a lot has changed and there is a dramatic increase in divorce proceedings.
Since divorce is always considered one of the most painful and traumatic experiences for a married couple, a lot of research has been done on the divorce issue of how to divorce a husband or divorce a wife in India. It would generate a mess if the procedure is not known properly and can get extremely horrible and can also be time-consuming.
Therefore, it is highly recommended to get immediate online legal help or expert advice from a family lawyer or a divorce lawyer from Lead India in Delhi to provide proper guidance throughout the complicated process in the easiest way.
Divorce in Case of Court Marriage
A marriage that is solemnized in accordance with the Hindu Marriage Act, 1955 can only be dissolved by a decree of divorce on any of the grounds which are summarized under Section 13 of the Act. Until the marriage is dissolved none of the spouses can contract a second marriage.
The Indian Divorce Procedure can be classified into different categories. It can be obtained in multiple ways i.e. Mutual consent divorce and contested divorce.
Mutual consent divorce: Mutual divorce is a less time taken process as compared to a contested divorce. When the couple is agreeing to dissolve their disturbed marriage, they go for the Indian divorce procedure with Mutual Consent. With the help of a good divorce lawyer, a joint divorce petition is drafted, 0020verified, and signed by both the parties (i.e. husband and wife) and filed before an appropriate court.
After the joint petition is filed, the court grants a period of 6 to 18 months to the parties. This time period is called the cooling-off phase. In this time period, the spouses do not co-ordinate, and the parties can move towards filing for divorce via filing the second motion. After filing the second motion, if the court is satisfied that both the partner have given their consent for the separation and are free from any coercion, threat, or undue influence, the court will pass a decree of Divorce. The Indian divorce procedure is then complete under mutual consent.
Contested Divorce : There are several rights for the couples who enter into a marriage bond. If any of the rights are contravened by any of the parties then the other has full liberty to file a petition for divorce against him/ her.
In India, the divorce procedure starts from the filing of the divorce petition in the court and comes to an end with the pronouncement of a final order of the divorce.
The divorce procedure is split up into six stages which are:
# Filing of the divorce petition
# Service of summons to the party
# Response (Appearance)
# Trial (Examinations in chief and Cross examinations)
# Interim orders
# Final orders (Decree of divorce)
Important Factors in Divorce
The important factors which must be resolved at the time of the proceedings of divorce in the court are:-
1. Alimony (or Maintenance)
3. Settlement of the property
Documents needed for Divorce
1. Address proof of both partners.
2. Marriage certificate or Marriage invitation card or Picture of the marriage.
3. Proof of living separately from the partner.
4. Details of earnings of both the parties.
5. Details of assets owned by the petitioner.
Conclusion
Marriage is considered a sacred bond by Hindus. There was no provision for divorce before the Hindu Marriage Act 1955. The concept of divorce was an extremist in Indian society. The women had to face all the consequences and remained the silent victims of the system. But now, the law provides us with many ways to get out of an unhappy marriage by opting divorce procedure within the court. Therefore, now women are no longer silent victims of the harassment and injustice by their husbands. But on the other hand, it is equally essential for lawmakers to deal with the process in a very cautious manner as the theory has negative and positive traits.
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