A spouse can apply for divorce under the grounds of renunciation when their spouse decides not to indulge in worldly affairs after accepting a religious order.
Divorce Without Mutual Divorce In Kolkata is a complex process. Under the heading divorce without mutual consent or a non-mutual divorce, divorce is granted only on producing proof of fault or guilty conduct of one party and the innocence of the other.
This is because the judicial system has a vested interest in protecting the institution of marriage, so it is only expected that certain legal barriers are erected to prevent marriages from being annulled on a whim. The most common grounds for this form of divorce are cruelty and adultery.
Divorce Procedure in Kolkata
The procedure for getting a Mutual Divorce In Kolkatae is:
- a) ascertaining the ground on which you want to seek a divorce;
- b) collecting evidence, and
- c) consulting a divorce lawyer and filing a petition in the family court of Kolkata.
The petition must be filed in court with all the relevant evidence/documents. The person filing the petition is called the petitioner, and the erring spouse responding is referred to as the respondent.
Grounds for Filing a Non-Mutual Divorce Petition
A non-mutual divorce petition is filed due to various reasons. The list goes on, from being a victim of cruel conduct to being abandoned by their spouses. Some of the common grounds under which most non-mutual divorce are being filed in Kolkata are as follows:
- Adultery – If an individual indulges in an extra-marital affair involving intercourse, then their spouse can file a divorce petition for adultery.
- Desertion or Abandonment – If abandoned by their spouse for more than two years, a spouse can apply for a divorce on the grounds of desertion.
- Cruelty – When one spouse is injured or harmed by the other, the injured spouse may file for divorce on the grounds of cruelty. Multiple incidents are considered in this case to confirm the extent of cruelty.
- Conversion – If one’s spouse decides to convert to another religion, one can file for divorce based on conversion. In this case, the spouse seeking divorce must be unwilling to convert to another religion.
- Renunciation – When a spouse decides not to engage in worldly affairs after joining a religious order, they can file for divorce under the grounds of renunciation.
- Not known to be alive: One can apply for a divorce when they have not heard of their spouse for more than seven years.
- Infectious Disease: A spouse can apply for a divorce under this ground when known to have any serious communicable disease.
- Mental Disorder – A spouse can apply for divorce under this ground when they have an incurable mental disorder.
There are also other grounds like non-resumption of cohabitation post the separation period. The applicant can file for non-mutual divorce in Kolkata for any other reasons also.
Filing a Divorce Petition
Summoning Respondent: Once you appoint a divorce lawyer, he/she will interpret your case and, based on your suggestions, file the petition in court. Once your lawyer files the petition, the court summons the respondent. If he/she turns up and makes an appearance, the matter is considered bi-parte; if the erring spouse prefers not to contest or come to the court, the matter proceeds ex-parte (in absence).
Mediation: In the case of bi-parte, the court normally refers the parties to mediation or reconciliation so that the issue can be resolved amicably. If the above fails, the respondent has to file a written statement to the petition with the necessary documents (within 90 days).
Framing of Issues: Once the mediation is deemed unsuccessful, the court frames the issues; issues are questions to be decided by the court at the time of the final hearing.
For instance, in a divorce filed on the grounds of adultery, the issue would be –
‘Whether the respondent had sexual intercourse with X during the subsistence of marriage with the petitioner?’
There is usually more than one issue in a case filed on multiple grounds. The entire divorce proceedings will focus on gathering answers to the questions/issues raised.
Lead Evidence: After the issues are framed, the court asks the petitioner to lead evidence on their own and/or through witnesses. After that, the opposite party can cross-examine the petitioner’s witnesses. Once the petitioner’s evidence is concluded, the respondent leads his or her evidence.
Timeline for Non-Mutual Divorce
If mediation is conducted, it will take at least a year before the case is heard in court. After the couple has presented their evidence, the court will hear arguments from both sides of the case. The court will then decide the case through a decree. A decree is the formal order of the court.
Following that, either party may file an appeal with the High Court and the Supreme Court. If the case is vigorously contested, the process at the family court usually takes two to three years. If the court grants a divorce, the wife is entitled to an allowance as maintenance if she cannot support herself financially or has no source of income.
Documents Required
- Address proof of husband and wife
- Marriage certificate
- 4 Passport-size photographs
- Income tax returns
- Details of assets owned by husband and wife, both jointly and individually
Cost of Non-Mutual Divorce
The cost of such a divorce depends mostly on how vigorously it will be contested or what issues are raised. As lawyers usually charge per appearance, you can expect to shell out anywhere between ₹10,000 per hearing for a young lawyer to ₹1 lakh for an experienced one.
Don’t worry about the cost of divorce, though, as affordable and reliable legal advice is available at your fingertips, as you can always get in touch with our team at Vakilsearch!
FAQs
What are the grounds for filing for divorce without mutual consent in Kolkata?
In Kolkata, grounds for divorce without mutual consent include cruelty, desertion, adultery, conversion to another religion, unsoundness of mind, and incurable mental disorder. Providing evidence to substantiate these grounds is crucial for a contested divorce.
How do I start the divorce process in Kolkata?
Initiating the divorce process in Kolkata involves filing a petition with the family court. Consult with a lawyer, gather necessary documents, and file the petition stating the grounds for divorce. The court will issue summons to the other party, initiating the legal proceedings.
How long does a contested divorce take in Kolkata?
The duration of a contested divorce in Kolkata varies. Factors such as case complexity, court backlog, and the willingness of parties to negotiate impact the timeline. On average, contested divorces may take several months to a few years to reach a resolution.
What are the financial implications of a contested divorce?
Contested divorces in Kolkata can have significant financial implications. Legal fees, court expenses, and potential settlements or alimony payments can impact both parties. Seeking financial advice, understanding local laws, and negotiating effectively are crucial during this process.
Can I reconcile with my spouse during the divorce proceedings?
Yes, reconciliation is possible during divorce proceedings. Both parties can mutually agree to withdraw the divorce petition, provided they genuinely wish to reconcile. Legal proceedings can be halted, allowing space for open communication and efforts to salvage the marriage.
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