A.Dear Client,
The divorce procedures differ in Hindu Law and Muhammadan Law. We'll be able to help you once you clarify that to us.
But here is a brief of divorce procedures according to both the laws:
1) Hindu Law
Divorce under Hindu law is classified into two types :
Mutual divorce: Under the Hindu Marriage Act, Mutual divorce is governed by Section 13-B. As the name suggests, in mutual divorce, both the parties i.e. husband and wife mutually agree and express their consent for peaceful separation. The husband and wife have to predetermine the issues relating to alimony and child custody if any. There are only two requirements for filing a mutual divorce, one is mutual consent and the other is that they have to live separately for at least one year.
STEP 1: Draft a petition stating the reason for seeking a divorce and both the parties have agreed on it.
STEP 2: File the petition jointly through respective lawyers before the family court.
STEP 3: The court after the examination of the petition along with the documents will pass on the order for the recording of the statement on oath.
STEP 4: After this, a cooling period of six months’ time is given to the parties in the hope of their reconciliation.
STEP 5: Post 6 months, if there is no reconciliation, both the parties need to appear for the final hearing. (Parties have to appear for the second motion within 18 months from the date of filing the divorce petition.)
STEP 6: In the final hearing, the court passes the divorce decree dissolving the marriage
Contested Divorce: When divorce is initiated by either spouse it is termed as a Contested Divorce. Section 13 of the Hindu Marriage Act, 1955 provides the grounds for filing a contested divorce, some of which are, cruelty, conversion of religion, unsound mind, communicable disease or either spouse is unheard of more than seven-year.
STEP 1: Draft a petition clearly stating the facts and grounds for seeking a divorce. This petition is filed before a family court having jurisdiction along with affidavits, vakalatnama, and documents relevant to the case.
STEP 2: If the court is satisfied after scrutinizing the petition and decides to move with the case, it sends a notice or summons the other party to appear on a decided date along with his/ her lawyer.
STEP 3: At this stage, the court will suggest parties for mediation and if the mediation fails to resolve the issue, the court will continue with the divorce proceedings.
STEP 4: On a fixed date, both the parties will appear before the court, record their statements, submit evidence, get cross-examined and will present their witnesses if any. Then the counsels from both sides will present their final arguments.
STEP 5: At last, the court on a fixed date will deliver the verdict and pass a divorce decree. The aggrieved party can appeal to the order passed within 3 months from the passing of such order.
2) Muhammadan Law:
There are two processes to seek a divorce under the Muslim Law in India.
- Judicial Process by The Dissolution of Muslim Marriages Act, 1939: Under section 2 of the Act.
- Extra-Judicial Process.
Please contact a lawyer for more details regarding the same.
The divorce procedures differ in Hindu Law and Muhammadan Law. We'll be able to help you once you clarify that to us.
But here is a brief of divorce procedures according to both the laws:
1) Hindu Law
Divorce under Hindu law is classified into two types :
Mutual divorce: Under the Hindu Marriage Act, Mutual divorce is governed by Section 13-B. As the name suggests, in mutual divorce, both the parties i.e. husband and wife mutually agree and express their consent for peaceful separation. The husband and wife have to predetermine the issues relating to alimony and child custody if any. There are only two requirements for filing a mutual divorce, one is mutual consent and the other is that they have to live separately for at least one year.
STEP 1: Draft a petition stating the reason for seeking a divorce and both the parties have agreed on it.
STEP 2: File the petition jointly through respective lawyers before the family court.
STEP 3: The court after the examination of the petition along with the documents will pass on the order for the recording of the statement on oath.
STEP 4: After this, a cooling period of six months’ time is given to the parties in the hope of their reconciliation.
STEP 5: Post 6 months, if there is no reconciliation, both the parties need to appear for the final hearing. (Parties have to appear for the second motion within 18 months from the date of filing the divorce petition.)
STEP 6: In the final hearing, the court passes the divorce decree dissolving the marriage
Contested Divorce: When divorce is initiated by either spouse it is termed as a Contested Divorce. Section 13 of the Hindu Marriage Act, 1955 provides the grounds for filing a contested divorce, some of which are, cruelty, conversion of religion, unsound mind, communicable disease or either spouse is unheard of more than seven-year.
STEP 1: Draft a petition clearly stating the facts and grounds for seeking a divorce. This petition is filed before a family court having jurisdiction along with affidavits, vakalatnama, and documents relevant to the case.
STEP 2: If the court is satisfied after scrutinizing the petition and decides to move with the case, it sends a notice or summons the other party to appear on a decided date along with his/ her lawyer.
STEP 3: At this stage, the court will suggest parties for mediation and if the mediation fails to resolve the issue, the court will continue with the divorce proceedings.
STEP 4: On a fixed date, both the parties will appear before the court, record their statements, submit evidence, get cross-examined and will present their witnesses if any. Then the counsels from both sides will present their final arguments.
STEP 5: At last, the court on a fixed date will deliver the verdict and pass a divorce decree. The aggrieved party can appeal to the order passed within 3 months from the passing of such order.
2) Muhammadan Law:
There are two processes to seek a divorce under the Muslim Law in India.
- Judicial Process by The Dissolution of Muslim Marriages Act, 1939: Under section 2 of the Act.
- Extra-Judicial Process.
Please contact a lawyer for more details regarding the same.
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A.Dear Client,
There are various circumstance for filing a divorce and the procedure to obtain a divorce varies in all these circumstances. There are multiple articles for your perusal which is available on the internet but if you still have any query regarding a specific situation please feel free to ask another query and we will get back to you soon. To help aid you a little bit and help answer your query the following is the procedure for a mutual consent divorce.
STEP 1: Draft a petition stating the reason for seeking a divorce and both the parties have agreed on it.
STEP 2: File the petition jointly through respective lawyers before the family court.
STEP 3: The court after the examination of the petition along with the documents will pass on the order for the recording of the statement on oath.
STEP 4: After this, a cooling period of six months’ time is given to the parties in the hope of their reconciliation.
STEP 5: Post 6 months, if there is no reconciliation, both the parties need to appear for the final hearing. (Parties have to appear for the second motion within 18 months from the date of filing the divorce petition.)
Note: The reconciliation time can be waived off if there is a valid reason to do so.
STEP 6: In the final hearing, the court passes the divorce decree dissolving the marriage
Thank you so much, I hope this answer helped.
There are various circumstance for filing a divorce and the procedure to obtain a divorce varies in all these circumstances. There are multiple articles for your perusal which is available on the internet but if you still have any query regarding a specific situation please feel free to ask another query and we will get back to you soon. To help aid you a little bit and help answer your query the following is the procedure for a mutual consent divorce.
STEP 1: Draft a petition stating the reason for seeking a divorce and both the parties have agreed on it.
STEP 2: File the petition jointly through respective lawyers before the family court.
STEP 3: The court after the examination of the petition along with the documents will pass on the order for the recording of the statement on oath.
STEP 4: After this, a cooling period of six months’ time is given to the parties in the hope of their reconciliation.
STEP 5: Post 6 months, if there is no reconciliation, both the parties need to appear for the final hearing. (Parties have to appear for the second motion within 18 months from the date of filing the divorce petition.)
Note: The reconciliation time can be waived off if there is a valid reason to do so.
STEP 6: In the final hearing, the court passes the divorce decree dissolving the marriage
Thank you so much, I hope this answer helped.
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Subhashis Paul
Responded 1 year ago
A.By the term "Judicial Separation", it simply means that two parties that is the husband and wife both leaving separately as individuals without maintaining the conjugal relationship between them as husband and wife but still they are husband and wife according to the law as their marital tie is still unbroken. They can live separately as per their own will and choice, but cannot marry any other person until they break their marital tie.
By the term "Divorce", it simply means that the marital tie and the conjugal relationship has been broken permanently between the husband and the wife. They are free to live their lives as individuals and also they can marry any other person of their choice in future after getting the decree of divorce from the competent court of law.
By the term "Divorce", it simply means that the marital tie and the conjugal relationship has been broken permanently between the husband and the wife. They are free to live their lives as individuals and also they can marry any other person of their choice in future after getting the decree of divorce from the competent court of law.
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A.Dear Client
There are many blogs published on the vidhikarya site on judicial separation and divorce and you can go though them at this link and acquaint yourself with the same. https://www.vidhikarya.com/legal-blog/category/Divorce
In case you are looking for to understand by talking to a lawyer then please call our helpline nos.
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A.Dear Sir,
Section 10 in The Hindu Marriage Act, 1955
10 Judicial separation .— 10 [
(1) Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.]
(2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.
Section 10 in The Hindu Marriage Act, 1955
10 Judicial separation .— 10 [
(1) Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.]
(2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.
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