Questions Legal

How to take a divorce from husband in India?

Airtract

Vani Asok

Sane and sound

Divorce is a spreading dilemma in India nowadays. Several reasons are there which act as a medium for the divorce. As per the 2019 survey, the divorce rate of India is 1% i.e, 1 among every 100 marriages end up in divorce. There are two kinds of ways to file a divorce in court.

  1. Mutual consent divorce

  2. Contested divorce

Divorce with mutual consent is much more comfortable and smooth compared to divorce without mutual consent. In mutual consent divorce, both the husband and wife willingly agree to the process of divorce, which results in tension-free approval of your need. But when it comes to divorce without mutual consent, a bunch of unwanted emotional and physical drama enters the scene. The heavy stress in making the partner willing to divorce is one, and even if you apply for the divorce from one side, you have to go through several hearings and assessment periods for the court to evaluate your base for divorce.

You can file a contested divorce in India based on the following reasons,

  • On the ground of cruelty

  • On the ground of desertion

  • On the ground of adultery

  • On the ground mental aversion

  • on the ground of civil death etc

HOW TO APPLY FOR CONTESTED DIVORCE?

The contested divorce petition is filed by one of the partners who need a divorce from the other even when the spouse is not willing to be divorced. Under such conditions,

  1. File a divorce petition in court with the help of divorce lawyers. Choose your lawyer wisely and precisely so that he can gather as much info from you.

    Divorce lawyers are the medium for you to present your requirements in the court in the most appealing way possible. Airtact provides its viewers with particular expertise in the law sector who are specialized, experienced, and qualified to help with your doubts and needs. Talk with your lawyer multiple times to come up with the best shreds of evidence and responses.

  2. Submit the documents asked by the lawyer for the completion of divorce application along with the mentioned 

    • Identity proof of the spouse
    • Income tax statements
    • Profession details of spouse
    • Grants and assets owned

3. Once the court considers the divorce petition, they will send a divorce notice to the husband to appear in the court. The petition is listed in court with a hearing date.

4. The court will wait for the opposite party to respond with a file. If the respondent doesn't reply to the call, the court will issue for proceeding ex parte, which is the court hearing in the absence of opposition party.

5. The problems and need for divorce are discussed in court. Both parties will present their proofs and evidence regarding the divorce petition.

6. The evidence of the spouse who filed the petition is heard first, followed by the evidence of the opposite party.

7. After the hearing and conduction of arbitration, the court will list the case for passing judgment.

8. On effectively convincing case, the edict of divorce is conferred. 

The wife can file a case in the following areas along with the divorce petition to get an allowance from her husband in the following areas,

  • Maintenance allowance in case she is not able to provide for herself and the child sufficiently due to lack of employment and support.

  • Division of joint properties if there are assets that are registered on both names jointly.

  • Custody of the child if a child wants to reside with the mother or father is putting forth the argument for child custody.

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