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Procedure Of Divorce

When both the parties i.e. husband and wife mutually agree to live separately and have been living separately for more than one year both the parties can file for mutual Divorce. For filing a mutual Divorce there is a procedure which is needed to be followed. One can get a Divorce in India through two processes.

Mutual Divorce process (when both the parties agree:

  1. Divorce is jointly filed and signed by both parties.
  2. Recording of the statement of husband and wife before the court
  3. Verification of documents by the court
  4. The next step is courts try to reconcile the matter and a statement recording from both parties
  5. After hearing both the parties the court passes the first motion
  6. After that 6 to 18 months cooling-off period is granted for rethinking the decision
  7. Within 18 months of the court decision, a second motion is filed
  8. The court passes the Divorce order

Contested Divorce process (when either of the parties agrees:

  1. Either husband or wife files the Divorce petition.
  2. Court issues summon
  3. Seeks reply from the other spouse
  4. Court suggests reconciling of matter
  5. Examination and cross-examination of the parties involved
  6. The final arguments of both parties were given by their respective lawyer.
  7. Final decree by a court

Divorce certificate and Divorce Decree

A document that consists of all details which are related to the husband and wife and it is the proof of Divorce is known as a Divorce certificate. It is a different document from the Divorce decree. Each state issues the Divorce certificate for record-keeping purposes

Advantages of Divorce certificate:

  1. Evidence of Divorce
  2. Helps in getting a Travel Visa
  3. Getting Married

A Divorce decree is issued by the court and known as the court document. The decree is considered the final judgement by the court. It contains the details related to the husband and wife like the date of Divorce, place of Divorce, assets, children's custody, terms of the settlement, etc.

The Divorce rate in India

Year No Marriage Registered No of Divorces Percentage
2020 6379 315 4.5%
2021 (up to May) 4314 108 2.4%

Reasons for Divorce:

  1. An act of adultery by any of the spouses
  2. An act of mental or physical torture by any of the spouses
  3. One of the spouses abandons the other spouses
  4. Either the husband or the wife converts themselves to another religion
  5. In case one of the spouses is having an incurable mental disorder
  6. In case one of the spouses has not been heard live for seven years then that person is considered dead
  7. In case one of the spouses have venereal diseases

Divorce Marriage:

In case a Divorcee wants to get married then some requirements must be fulfilled

A Divorce certificate is given on successfully getting a Divorce. Divorce can be granted when all mentioned conditions are fulfilled; after that, only one can remarry.

Essential conditions for seeking Divorce:

  1. Must have been living separately for one year
  2. Not able to live together
  3. Must have mutual consent

Documents are required to seek Divorce:

  1. Address proof of the husband and wife
  2. Marriage proof
    (Marriage Registration Certificate/ Invitation Card/ Marriage Photograph/ Affidavit of a blood relative) (Minimum two documents mandatory).
  3. Passport size photograph of husband and wife
  4. Affidavit of both the parties.
  5. Proof of living separately for more than one year
  6. Proof of the failed attempt at reconciliation
  7. Income tax returns for the last 2 to 3 years
  8. Petitioner occupation and current income
  9. Details related to asset

What is the cost involved?

  1. A Nominal Court fee i.e. Rs 50
  2. Women can get free legal aid services from legal aid cell
  3. Or one can hire Private Lawyers whose fees can vary (depending upon the type of Divorce and duration involved.

Divorce is a situation when the husband and wife do not want to live together. There is the various cause of Divorce which can be sexual abuse, financial problems, extramarital affair etc. Divorce affects the spouses as well the children. The positive aspects related to Divorce as said by many people that their lives got transformed and they got to discover themselves. This situation comes up with various positive as well as negative effects.

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