People sometimes ask if they can file for a divorce without a lawyer in India. The reason could be that the fees of the lawyer are out of their budget, or due to the misconduct of the lawyer causing them to lose confidence in the Advocate and ultimately take the matter in their own hand or no suitable lawyer could be found.
Keeping these problems into account the Indian judiciary has made it possible for the people to file for a divorce without a lawyer. In the following article we are going to discuss the procedure to file for a divorce without a lawyer present, nevertheless it is advised to seek legal opinion from an experienced Divorce Lawyer in Gurgaon or Divorce Lawyer in Mumbai or your own City before filing for divorce as the procedure as well as the various legal details could not be understood by a layman.
Steps to file for divorce without a lawyer
· In case you believe that no lawyer is suitable to handle your case or any other situation as mentioned above, you may proceed to start a divorce without one. It has to be understood that the procedure before the court has to be completed without any mistake as it may affect the trial. The concerned application could be filed with the petition or after the petition for divorce has been filed.
· There are two kinds of divorce- divorce by mutual consent and contested divorce.
· Divorce by mutual consent could be an easier and faster way to get a divorce without a lawyer present.
Divorce by Mutual Consent
· For obtaining a divorce mutually the parties must agree to the divorce and should decide on various issues related to the marital obligations such as maintenance, custody of the child, etc.
· The following steps are required to be followed in case you are filing for divorce by yourself-
Ø Petition- it means the application which is presented before the court, in the present case the divorce application. In the case of a mutual divorce petition, the parties have to file jointly.
Ø Hearing- after a date has been fixed by the Court for the hearing; the parties are required to be present on the date so provided.
Ø Order- In case all other matrimonial obligations have been decided by the couple already, the court passes an order approving them.
If matters like child custody, alimony or separation of property has not been decided by the couple, the court passes an interim order till all the facts and circumstances of the case have been analysed.
Contested divorce
· A contested divorce occurs when only one of the parties is willing to divorce. A street could allow you to fight your case in case you are convincing enough, you could proceed with divorce case file following the procedures mentioned below-
Ø The institution of the suit- a petition if required to be drafted by the petitioner and filed before the court mentioning the facts of the case and demands of the petitioner
Ø Summons- are sent to the other spouse in case petition has been accepted by the court
Ø The appearance of the defendant- on the date so provided the defendant shall submit its reply to the petition and documents related which is also known as a written statement.
Ø Rejoinder by the plaintiff- after the written statement has been submitted the plaintiff can provide an answer to it.
Ø Examination of the parties- in this step to court questions the parties and records their statement
Ø Framing of issues- built on the statement given by the parties, they frame issues against each other
Ø Evidence and cross examination- evidence is presented to the court in support of the statement given by the parties, after which cross examination takes place based on that.
Ø Final argument- here both parties submit the summary of the case
Ø Judgement- after the final argument is made, the court analyses the matter and a judgement or decree are passed.
Conclusion-
Acceptance of your application to represent yourself is totally under the discretion of the magistrate as there are no set of rules for the same. It has to be understood that while filing the case or during the trial even after the decree has been given by the court a number of court procedures are to be followed which may not be possible for a layman to follow through. Hence, it is advised that, even if your lawyer is not listening to you properly or is not representing your case to the best of his abilities you may appoint another lawyer whom you can trust properly.
Lead India offers you a wide pool of experienced lawyers who have been successfully handling cases related to family matters such as diverse maintenance, dowry demand, custody of the child, etc. Even for other matters such as Court Marriage in Delhi, you may contact us.
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