How to Apply for Divorce in India?

In this article, we have put forward the bare necessities you should know before considering filing a divorce in the family court. Read the blog to know the common reasons that lead to divorce in India and what role the court has to play in solemnizing the proceedings.

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Couples tend to search the internet on how to apply for divorce in India once their marriage relationship does not work out for a considerable amount of time. The event of separation eventually leading to divorce is a bitter phase that many couples have to go through at some point in their life. It is a harsh truth that gives us a second opportunity to start fresh.

The proceedings are easy not because of legal complications but because of the emotional rollercoaster each of the spouses goes through when they decide to call off their relationship mutually. In this article, we are about to learn how to apply for divorce, particularly if you’re an Indian.

Commonly Stated Incidents that Eventually Lead to a Divorce

Over time as we have examined minutely, it has become possible to enlist a few common reasons backed by the law sufficient enough for a spouse to file divorce against their partner by taking assistance of the family court. These reasons are:

The petitioner has discovered that their partner is engaged in any sexual or extra-marital affair with another person.
When the partner of the petitioner has been avoiding him/her for a period exceeding 2 years starting from the date on which the divorce petition was augmented.
When the petitioner’s partner is constantly abusing him/her either physically or through mental torture that seems so deadly that it may lead to death.
Inability or denial of sexual intercourse is also a possible reason for divorce petition filing.
When the partner or better half suffers from a terminal disease for a long time, divorce proceedings can occur.
If there is proof of mental illness, the other person can legally opt for divorce.

List of Documents Needed to File a Divorce

In India, married couples are required to produce the below-mentioned documents before the court if they are willing to part their ways through a mutual consent divorce:

The information about the family and the bio data of the respective partners.
The spouses’ income tax or IT returns statement for the previous couple of years.
Bits and pieces of your job life along with the approximate turnover.
The detailed list of assets, both liquid and illiquid. This list also includes the total property owned by the concerned person.

Divorce Types in India

In India, generally, a divorce takes place under the following two methods:

Mutual Consent divorce
Contested divorce

In the first category, the partners mutually agree to end their marriage. The maintenance associated with these types of divorces can be any sum of money or nothing at all. Child custody is exclusively taken care of by any one of the parents whose responsibility is shared. This again relies on the fact that both persons cooperate and respect each other.

In this mutual settlement, the husband and wife must issue a ‘no-fault divorce’ approved by Section B of the Hindu Marriage law. According to the date declared by the family court, the first motion is conducted where the respective couple’s statements are captured through electronic means and stored for future reference. Both parties sign for further proceedings keeping the jury as a witness.

The judge allows the couple to reconsider the next motion or second motion for six months. During this period, many couples change their intention; thus, this is an opportunity put forward by the court to stop an adverse occurrence like divorce. Even after these six months, if there is no change of mind, the court proceeds to announce its final verdict, whereby a divorce decree is issued, acknowledging the official permanent separation of the previously married couple.

A contested divorce, on the other hand, takes place following a dispute. These cases are expected to run for longer periods in the courts. One of the two persons tends to abandon the hearings; thus, the judgment window keeps increasing and leads to utter uncertainty. Now let us understand the detailed process:

The petitioner first prepares a file that needs to be submitted to the court. This document includes the reasons leading to the concerned scenario. The other person is ordered by the court to respond to the petition. This leads to a legal contest as the other spouse hires their counselor or lawyer to put forward the necessary terms. Then back-to-back trials keep on happening where both parties negotiate in front of the jury.

Motions go on as long as there emerges no possible chance of settlement. Meanwhile, the court proposes possibilities of reconciliation, but if things do not tend to change, a divorce decree is issued in the presence of witnesses representing both parties.

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Percentage of Divorces in India

Gone are those days when divorces only used to be a bitter truth in most Westernized nations. In India, this ill fate tends to exist more often among married couples. As we compare the graph of the entire nation, predominantly metro cities like Delhi, Mumbai, Bangalore, etc., show higher ranks. Indian courts have reported a significant rise in the filing of divorce cases. Approximately 13 married couples out of 1000 tend to seek divorce today all over the nation; this is still a better record if we compare the statistics with most Western countries where almost the figure is twice when it comes to the total number of divorces taking place annually.

Grounds of the Majority of the Divorces

The instances of divorces are constantly increasing in India due to:

Gender inequality is the primary reason. In most cases, the males are reported to subdue their wives and limit their periphery to household activities. Educated and aware women of this age protest against such injustice; still, when no change in the situation is observed, divorce becomes the ultimate option.
The second reason is related to the first one. Women have the right to choose their course of life and career. Thus when their spouses oppose them, divorce takes place following numerous domestic conflicts over time.
Extra marital affair is the third most common reason, which is an alarming issue these days.
Lack of endurance and effort can also lead to divorce. Couples become tired of each other’s daily chores and give up without making sufficient attempts to adjust.
Pressurized arranged marriages in many remote areas of the country and big cities are common even in the present decade. Such unsuccessful marriages end with Divorce alimony on purpose.

Conclusion:-

Either of the spouses requires hiring an attorney before they decide to commence with the divorce filing procedure. This is mandatory, particularly in the cases of a contested divorce, as the sub-steps involve a lot of complex legal formalities that seem unmanageable by someone from a non-judicial background. Vakilsearch introduces you to all the repercussions you need to address before you aim to gain more knowledge about divorce procedures in India; make sure you refer to our other articles related to this topic.