Divorce (Mutual & Contested)
MUTUAL CONSENT DIVORCE IN INDIA
Divorces are tough! But so are marriages that take a toll on your physical as well as mental well-being, Mutual Consent Divorce in India is no more a taboo, and people are gradually accepting the cruel realities of their relationships, and are taking decisions so as to get into healthier relationships.
• Section 13B of the HMA Act 1955 provides that the mutual consent period of separation is one year
• Section 10A of the Divorce Act 1869 provides divorce by mutual consent where the period of separation is 2 years
• Section 28 of the Special Marriage Act 1954 provides for divorce by mutual consent.
As per the Hindu Marriage Act 1955, section 13B states that there must be following conditions for mutual consent divorce:
• Husband and wife are not able to live together anymore
• They have been living separately for a period of one year or more than one year
• Both of them have mutually agreed that the marriage has completely destroyed and hence it needs to be ended.
NOW, you are ready to file petition for mutual consent divorce. Petition for mutual consent divorce can be filed at any of the following place:-
• Place where marriage had taken place
• Place where husband and wife last resided together.
• Place where wife is residing at the time of filing of the Petition
In India, separation if contested by the other party can be achieved only by evidence of unkindness (physical as well as mental), abandonment (unjustified separation of 2 years), infidelity (sexual intercourse outside wedlock), insanity etc.
Role of our Mutual Consent Divorce Lawyer
While filing for divorce, one must seek help from experts like Mutual Consent Divorce Lawyer who will help the respective individual in the entire process. At the same time he will also inform you that following are the requirements while the process of divorce is going on:
• Firstly, a joint agreement is signed by both the parties.
• Next, the first motion statement of both of them is recorded and in the presence of Hon’ble court it is signed on paper
• Then, the court gives them a period of 6 months as a chance to change their mind.
• After that, if they don’t agree even after those 6 months then they are called for second hearing, which is the final one.
• In a recent decision of Amardeep Singh vs. Harveen Kaur, the apex court had a chance to interpret the law regarding mandatory ‘cooling off’ period in cases of divorce by mutual consent.
At Law office of BSJ Legal and Associates, our experienced mutual consent divorce lawyers gather all the required documents pertaining to the marital assets, matters related to the children as well as any other issues of significance.
The mutual consent divorce lawyer files the divorce petition with the court as well as the similar is served up with the respondent, the other party. During the mutual consent divorce process, the legal representative at BSJ Legal and Associates files a discovery motion to gather the evidences from your spouse. The Discovery motions comprise all the required information of your spouse in respect of the tax returns, the credit card bills, the property documents, the earning statements. These types of documents help in calculating the amount of spousal support as well as the child support that you may contest for after getting the divorce decree. It also assists the attorney for claiming the division of the assets as well as the debts, if any, of your spouse
Ask your question related to mutual consent divorce to our Mutual Consent Divorce Lawyer
If you have further questions related to mutual consent divorce feel free to contact our mutual consent divorce lawyers in Delhi. Anyone can contact us by dialing +91-9891975608 on WhatsApp or just contact us to get answer for your queries.
Contested Divorce implies party desirous of divorce approach the family Court/Civil Court for the dissolution of marriage. Spouse seeking divorce has to take one of the grounds provided under the law of contested divorce.There are different laws dealing with contested divorce for different section of the Society. Hindu Marriage Act,1955 provides ground for divorce for Hindus which includes Sikh, Jain and Budh religion. Indian Divorce Act,1869, provides grounds for divorce for Christian. Special Marriage Act provides grounds for divorce for people married under civil law and whose marriages are registered under Special Marriage Act,1954. Broad grounds for Divorce are as under:-
• Divorce on the ground of Adultery
• Divorce on the ground of Cruelty
• Divorce on the ground of Desertion
• Divorce on the ground of Conversion to another religion
• Divorce on the ground of Unsoundness of mind or mental disorder
• Divorce on the ground of Virulent and Incurable form of leprosy
• Divorce on the ground of Venereal disease
• Divorce on the ground of Renounce the World
• Divorce on the ground of Not heard for a period of seven years or more
Beside above, there are couples of additional grounds for divorce available only to female.
Contested Divorce Procedure:
Contested Divorce proceedings commences with filing of Divorce petition. Family Court/Civil Court causes a notice to be served on the opposite party for appearance.
On receipt of summons, opposite party has to appear in person and/or through divorce lawyer and file the response.
Court may try to resolve the differences between parties to start with by conducting conciliation or sending the matter to counselor/mediation center. If there is no settlement between parties, divorce case proceeds as per procedure.
Once initial allegation and response and counter allegations process are over, which is called pleading, case is set up for evidence after determining issues of controversy between parties.
Party initiating contested divorce has to start with the evidence first. Other party is given a chance to cross examination witness/es of the opposite party.
After that responding party i.e. Respondent has to lead evidence. Similarly, cross-examination process is conducted by the divorce lawyer of opposite side.
After conclusion of evidence, Final arguments are advances by divorce lawyers from both sides.
Then the court pronounces judgment. If party-initiating divorce is able to prove the case, Family Court/Civil Court will grant the decree of Divorce.
Contested divorce requires expert divorce lawyer either in prosecuting or defending divorce case. Such expert divorce lawyer guides, strategize and plan the whole action. Effective planning by divorce lawyers increases the probability of success in the trial of the case for a favorable outcome.
Contested Divorce is a long process requiring through professional work and approach. Good Divorce lawyer take through these challenging and arduous task by his expertise and your counsel through turbulent and emotional time.