Charusheela J. Nalhe
In India Divorce is mainly of two types, Contested and Divorce by mutual consent. The procedures for the two are also different, we shall bifurcate the same below: –
1. Contested divorce: – As the name itself suggests under the contested divorce one has to contest for obtaining a divorce. Here you need to file a petition for divorce, certain documents are also required for it such as income tax statement, identity proof of both the spouses, details of occupation/professions, properties or assets owned. After it is filed and heard by the court, the court sends a notice to the other spouse and asks them to appear in court and reply to the petition. The court also considers a lot of things under the contested divorce such as maintenance, child custody, division of property (jointly owned), etc.
2. Mutual Consent: – It is filed when both the parties are mutually agreeing to divorce. Under section 13B of the Hindu Marriage Act,1955 the petition is filed, the court grants a period of six months for the purposes of cooling off, after the period of six months the court grants you the divorce by order, however, the supreme court has laid down that, this period of six months can be waived off if the marriage seems to be completely irreparable.
- This reply was modified 5 months, 1 week ago by Charusheela J. Nalhe.