Ending a marriage can be a tedious and emotionally taxing process. However, understanding the legal procedure of divorce in India can make it less daunting. In this article, we will guide you through the legal process of divorce in India, including mutual consent divorce, contested divorce, and the required documents.

Types of Divorce in India

There are two types of divorce in India:

1. Mutual Consent Divorce/Uncontested Divorce: Both parties mutually agree to separate under mutually agreed terms and conditions.
2. Contested Divorce: The marriage is bound to end, but the parties need court intervention to reach amicable terms regarding their rights and interests.

Legal Process of Mutual Consent Divorce in India

Mutual consent divorces are easier to attain and less expensive. The court does not accept a divorce petition filed before the completion of one year of marriage, except in extreme cases. The two main principles of a mutual consent divorce are:

• The couple must have been married for over a year.
• The couple must have been living separately for a year or more.

Based on these criteria, the parties must file a petition with the court stating their terms. If the parties have not completed a year of marriage, the court shall grant a cooling period of six months.

Legal Process of Contested Divorce in India

A contested divorce is more complicated, emotionally draining, expensive, and time-consuming. The steps involved in a contested divorce case are:

• Hire a competent divorce lawyer.
• Prepare a strong petition with supporting evidence.
• File the petition in the family court under appropriate jurisdiction.
• Serve notice and summons to the other party.
• Be present at all court hearings.

Grounds for Contested Divorce in India

The following grounds are acceptable and applicable for divorce under the court of law:

1. Cruelty/Domestic Violence
2. Adultery
3. Mental Disability
4. Desertion
5. Conversion of religious belief
6. Communicable diseases
7. Leprosy
8. Renunciation
9. Presumed to be dead

Required Documents to File a Divorce Petition in India

• Aadhar copy of both parties
• Passport photo of both parties
• Marriage certificate
• Original Marriage photo
• Original Wedding Invitation
• Birth certificate of Child (if any)
• Aadhar of child (if any)

Filing a Divorce Case as an NRI (Non-resident Indian)

An NRI can file or initiate a divorce petition, either mutual consent or contested, in an appropriate family court within the jurisdiction of where the marriage was registered. It is vital to discuss child support, division of assets, alimony, and other related implications with your lawyer before filing the petition.

Conclusion

Ending a marriage may be exhausting, but the legal process of it does not have to be. The most important step towards filing a divorce petition in India is hiring a professional who is skilled in family matters and disputes to ensure your rights and interests are protected.

Looking for expert legal advice? Karthikeyan Sekar & Co is one of the top advocates in Chennai, India, specializing in legal consultancy services. Visit us at kslegaladvisors.com or call us at 044 4805 3737 or +91 9840484160.