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"In this PDF we discuss step-by-step process of how to file a Divorce in India? A divorce is an appalling experience to go through u2013 be it any stage of life. It can be an overlong and costly affair with respect to the divorce process in India.<br>Click here: https://aegiswin.com/Divorce-and-Annulment to know more and discuss with Experience Lawyers to know how to file a Divorce in India?<br>
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What is the Process of Divorce/Annulment?
Divorce, also known as ending of marriage, is the process of ending a marriage or marital partnership. Divorce implies the reorganization or cancellation of legal responsibilities and obligations of marriage, therefore severing the bonds of matrimony between a married couple under the countries or state’s unique rule of law.
In India, there are two types of Divorce / Annulment and the process is different for each type. Let’s know talk about them before knowing the process. 1. Mutual Divorce: In this, both husband and
wife want the divorce and agree to get it together (Mutual Consent). The petition for this divorce can be filed only if the parties are living separately for one year or more, as per Section 13B of the Hindu Marriage Act, 1955. 2. Contested Divorce: When only one party either husband or wife, wants the divorce
The rules of divorce in India according to different religion:- 1. For Hindus, Jains, Buddhists, and Sikhs – Hindu Marriage Act,1955 2. Christians- The Indian Christian Marriage Act,1872/ Indian Divorce Act-1869 3. Muslims – Personnel laws of Divorce/ Dissolution of Marriage Act,1939/ The Muslim Women (Protection of Rights on Divorce) Act,1986 4. Parsis – The Parsi Marriage/ Divorce Act-1936 5. Inter-religion or Inter-caste marriages – Special Marriage Act, 1954.
Process of Mutual Divorce in India:- Step 1: Petition to file for a divorce Step 2: The parties must appear before the court Step 3: Record statements under oath Step 4: The first motion will be passed Step 5: Final hearing of the petition Step 6: Verdict on the Divorce
Process of Contested Divorce in India:- Step 1: The petition is filed by the husband or wife Step 2: The court issues a summons and asks the other spouse to respond Step 3: The court may advise that the parties reconcile Step 4: Witnesses and evidence are examined and cross- examined Step 5: Both sides’ attorneys make their last arguments Step 6: The court issues a divorce decree
Documents that are needed to successfully continue the divorce process: 1. Address proof of the spouse 2. Certificate of marriage 3. Passport size photograph (4) of husband and wife 4. Evidence to support the claim that husband and wife have been living apart for more than one year. 5. Evidence to support the failed attempts to pacify each other and reconcile the marriage. 6. Income tax statements for 3 years 7. Professional details 8. Family background details 9. Details of properties that are owned by both parties