Step by Step procedure for filing divorce - bpramanikassociates file

Step by Step procedure for filing divorce

How to file a divorce:-

  • The steps that you have to follow to lodge a divorce are as belows:

You have to maintain these steps:-

Both the parties have right to get  their main decision of divorce of hindu marriage in order to end their marriage.

In other ways, this agreement of divorce is mutually allowed under the  special marriage act.

Following are the requirements set forth in Section 13B of the Hindu Marriage Act:

(i) The husband and wife have been living apart for at least a year.

(ii) Their inability to cohabitate.

(iii) In addition, the husband and wife concurred that the marriage had ended completely. so this marriage should end as the happy ending result of marriage. So divorce when it is done mutually should be done in the ways are as belows:-

According to the Indian legal system, the filing of a divorce petition is the crucial first step in the divorce process.

Where to submit a petition for divorce:

  • The court may be located in the final residence of the divorcing spouse.
  • The court may be the same one that performed the marital ceremony.
  • The wife’s current residence may be the location of the court.

The petition of divorce which is completed by the parties who is involved in the divorce process and is going on the other party, so this is the first step of divorce process in  india is as  belows:-

According to the Hindu Marriage Act of 1955, you can submit a petition for a “mutual divorce” if  both of them have to choose separated legally because of these problems:-

You can even petition for divorce if the other person is not willing to have a divorce- this is

termed, ‘Contested Divorce’.

Check out the process in detail in the event of a mutual divorce now:

Step 1: File a divorce petition.

  • So, at first both of them must file a joint petition mutually for unhappy marriage and also a decree of divorce with family court as they will not interact with each other and they have both mutually decided to end their unhappy marriage , and they have to live in separately for at least 1 year .

The parties have to sign the agreement.

Step 2: Showing up in court and reviewing the petition.

  • Then both of parties will next introduce to their respective lawyers.
  • The petition and every document submitted to the court will be scrutinized by the judge.
  • The court can make an effort to parties not to live separately, but if court fails, then court will take next step

Step 3: Issuing directives for the recording of oaths.

  • The court may review the statements of both the parties after being taken, and after reviewed the agreement and they will declare that this is enough.

Step 4: The First Motion is approved, and a six-month waiting time is imposed before the second motion.

After statements are recorded the court will issue a first order.

After that both of parties have to give chance of 6 months of time, if they can change the decision after, they can adjust each other,   otherwise court will issue 2nd order after 6 months.

Step 5: Final Hearing on Second Motion and Petition.

  • The parties can move on after hearing final hearing, after that if they decide, they can continue with the case, and they will show up for the 2nd hearing.
  • So that will cover both of parties recorded remarks will appear in front of the family in court.

The Supreme Court recently ruled that the court might decide to waive the parties’ allotted six months of time.

Step 6: Divorce Decree:

  • So, both of parties should agree for divorce mutually, and there should not be unresolved issues regarding property, child custody, etc.

So, the decision is confirmed for not carry on their marriage.

  • The marriage can be on the divorce side if court will think after hearing from both of parties, and their also charges will taken if they they  don’t  follow courts order ,and there will be no chance of changing decision.
  • When the court will permitted a divorce decree, then it will be final decision.                   How can we help?

Our advocate B.Pramanik & Associates legal divorce in Kolkata will help regarding these matters of divorce.

 

 

 

 

 

 

 

 

 

 

 

 

 

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