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Divorce Procedure in India | Mutual and Contested

Updated: Sep 14, 2020

The procedure for Divorce in India can be classified into two types, defined under Hindu Marriage Act,1955, Section 13-B defines Divorce by Mutual Consent and Sec 13 defines Contested Divorce.

When the parties mutually agree to end their marriage peacefully with each other’s consent, then Divorce by Mutual Consent is opted.

Contested Divorce is filed when, either of the party is unwilling to continue the marital life with the other and wants to take divorce on grounds such as Adultery, Cruelty, Desertion, Mental Disorder, Conversion to other Religion.

Procedure for Divorce by Mutual Consent:

1. Draft a Petition stating the reasons for Divorce and that both the parties have mutually agreed for divorce. File the Petition jointly through respective lawyer in Family Court. 2. The Court after examining the petition and documents, gives a cooling period of 6 months to the parties, in the hope for their reconciliation. 3. If no such reconciliation takes place, then the second motion is filed before 18 months from the date of filing. If they wish to reconcile the parties can withdraw the divorce petition before 18 months. 4. In the Final Hearing, the court passes the decree of Divorce, dissolving the marriage. Procedure for Contested Divorce: - 1. Draft a Petition clearly stating the facts and grounds for Divorce. 2. If the Court is satisfied after scrutinizing the Petition, the Court gives summons or notices to the other party that a divorce petition has been initiated by their spouse and the decided date of hearing. 3. At this stage, the court suggests mediation for reconciliation, and if it fails the court continues with the divorce proceedings. 4. On a fixed date, both the parties appear before the court and record their statements, submit evidence, produce witnesses if any and the parties are cross examined, and counsels present their final arguments. 5. The Court on a fixed date will pass the divorce decree. The aggrieved party can appeal before 3 months from the date of passing of Order.


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