Divorce Process in India!

India being a diverse country having several ethnic and religious community the Constitution of India provides liberty to its citizens to follow their ethnic and religious personal law in the area of marriage, divorce or judicial separation. Majority of the country being Hindu and for that law has been enacted and its provides for divorce by mutual consent which usually takes upto 6-7 months to conclude.

The Process for Divorce on mutual consent when both the Husband and Wife decides to get divorce is:-

• Drafting a settlement agreement/understanding deciding about alimony, maintenance and or custody of child etc
• Drafting and Filing for Divorce by Mutual Consent before the Court called as (First Motion)
• After recording of evidence statement of both the parties order on First Motion is passed.
• After passing of First Motion of Divorce both parties are ideally to wait for 6 months of cooling off period (period can be waived in special circumstances)
• After six months of First Motion of Divorce, Second Motion is presented in court.
• Statement of both parties on Divorce Second Motion is recorded and dissolution of marriage order is passed.

The Process for Divorce on ground of cruelty and desertion :-

• Petition is field in the court seeking divorce on the ground of cruelty and or desertion as available to the parties as per law.
• Notice is issued on the said petition by the court and service of the respondent is done.
• On service of summons Respondent is to file reply to the same.
• Then issues are framed which are to be proved based on claims of the parties.
• After framing of issues evidence are lead by petitioner and then Respondent.
• Post recording of evidence arguments are heard and final order is passed based on evidence.