How to file a divorce in Kolkata


Posted On : January 15, 2022
How to file a divorce in Kolkata
Listen to this article

Table of Contents

What is Divorce?

Divorce means nullification OR cancellation of marriage legally. After divorce the marriage is no more valid. Divorce is a legal process which has been there to give a way to the married couples if they wish to break the relationship legally. The big question is how to get a divorce?

 

Divorce is emotional journey for couples and if this is not handled well then it can be a very bitter experience. The legal process for divorce tries to give relief to couple in the best possible way but it also ensures that both parities get equal opportunity in every aspect. When any of the spouses or both decide to go for a divorce the first question comes is how to file a divorce in Kolkata.

 

Before proceeding on how to file a divorce in Kolkata, few important points need to be considered by husband and wife.

 

Important points for divorce filing

1)    Are both spouses are ready for the divorce?

2)    Does only wife want divorce and not the husband?

3)    Does only husband want divorce and not the wife?

4)    What is the duration of the marriage?

5)    What laws are applicable on marriage?

6)    Post divorce what are the expectations of husband?

7)    Post divorce what are the expectations of wife?

8)    Does the couple have children?

9)    Is wife working?

10) Does husband have an earning?

 

Based on the answers to the above questions, it will be clear how to file a divorce in Kolkata. Your lawyer in Kolkata will understand each of these points very clearly so that lawyer can give a clear direction on how to file a divorce in Kolkata.

Another very important question that arise is why you want divorce. There must be some valid reason for divorce or else your divorce petition will be rejected by the court.

 

Valid grounds and reasons for filing divorce in Kolkata

Marriage is an institution which supports and defines existence of a family. To break an existing setup needs valid reason. Filing for divorce should not be misused in any way so, for that there are strict rules on why someone wants divorce.

Reason for filing a divorce should clearly state that there is an issue because of which this marriage cannot be carried forward by spouses.

You must be ready with the reasons why you want to file a divorce case. Few common reasons you must know before you go ahead with how to file a divorce in Kolkata-

1.     Harassment

2.     Adultery

3.     Remarriage

4.     Domestic Violence

5.     Mental Torture

6.     Impotency

There are many more reason and a good lawyer in Kolkata can go through your case history and can guide with a reason which is applicable in your case on how to get a divorce.

 

Broadly there are 2 ways you can file for divorce in Kolkata-

1)    MCD – Mutual Consent Divorce

2)    Contested Divorce

 

Mutual Consent Divorce Filing in Kolkata

As the name suggests, if both spouses are ready for divorce and agree on it then they can file for Mutual Consent Divorce. This is the easiest and most comfortable way a couple can get the divorce. In this you need to follow the steps of filing. Any good divorce lawyer in Kolkata can guide you through this. This is hassle free as compared to the contested divorce.

 

Contested Divorce Filing in Kolkata

You will go for contested Filing only when the other spouse is not ready. This is a lengthy process and complexity is high. Since other party is not ready for divorce, the reason for divorce has to be put strongly. Here you need a strong divorce lawyer in Kolkata who can put forward your points and can navigate you through the entire divorce process.

 

 

Divorce Acts and Laws which are applicable for any divorce filing in Kolkata

  • The Hindu Marriage Act 1955
  • The Parsi Marriage and Divorce Act 1936
  • The Dissolution of Muslim Marriage Act 1939
  • The Special Marriage Act 1956
  • The Foreign Marriage Act 1969
  • The Divorce Act 1869

 

How to file a divorce in Kolkata when you have a child?

The divorce process complexity increases when a child and his/her custody is involved. If both parents are in agreement on who will be take the child custody, then again it is easy to handle or else one needs to file custody case. Any good Child Custody Lawyer in Kolkata will be able to assist here.

If there is a disagreement then the role of your lawyer becomes very important. You will need an experienced child custody lawyer in Kolkata who can fight for you based on the details available shared by you.

Contested divorce filing with child custody needs lot of attention to details and well experienced lawyer to deal with the matter.

 

Maintenance in Divorce filing

Maintenance in divorce can be filed depending on the socio-economic condition of the spouse. Multiple factors need to be validated in terms of the financial status of the couples. Whether one party is working or both, what is the salary of each or anyone, what kind of lifestyle is being maintained by both, if there is a child involved etc. Maintenance amount can vary from a small amount to a huge amount. A learned lawyer can evaluate your details and can suggest you how to get a divorce with maintenance.

 

Is divorce filing in Kolkata is expensive?

Mutual consent divorce are mostly fixed fees for the Lawyers. For contested expense is higher as you do not know how long case will take. Law gives equal opportunity to both the parties to put forward their points. Until court is convinced why divorce is required, it will not grant it. So, generally contested divorce takes time. Hence, you must be financially prepared to fight it out. An experienced Lawyer can guide you well and help to close your case faster.

 

In a nutshell, if you have decided to step forward for a divorce then consider the above points before you meet your lawyer on how to file a divorce in Kolkata.

 

Few suggested read to assist your decision before you conclude on how to file divorce in Kolkata

 

Written By:
Vidhikarya

Vidhikarya


Recommended Free Legal Advices
question markMental Harassment by husband what to do now? 6 Response(s)
If you are planning to file a divorce case then you will have to wait for one year to expire from date of your marriage that 10.12.2020 as it is not allowed to file a divorce case before expiry of one year. But before expiry of one year you can file annulment of marriage under Section 12 (a) of the Hindu Marriage Act, 1955. Section 12 in The Hindu Marriage Act, 1955 12 Voidable marriages .— (1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:— 12 [(a) that the marriage has not been consummated owing to the impotence of the respondent; or] (b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or (c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 13 [was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)*], the consent of such guardian was obtained by force 14 [or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent]; or (d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner. (2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage— (a) on the ground specified in clause (c) of sub-section (1) shall be entertained if— (i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or (ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered; (b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied— (i) that the petitioner was at the time of the marriage ignorant of the facts alleged; (ii) that proceedings have been instituted in the case of a marriage solemnised before the commencement of this Act within one year of such commencement and in the case of marriages solemnised after such commencement within one year from the date of the marriage; and (iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of 15 [the said ground]. (i) Non-disclosure of age and factum of having major children by husband at the time of marriage amounts to fraud and suppression of material facts having bearing on marriage. Marriage founded on fraud from very inception is a nullity; Sunder Lal Soni v. Smt. Namita Jain, AIR 2006 MP 51. (ii) Misrepresentation as to the age of the bridegroom made to the mother who acted as an agent and the daughter consented for the marriage believing the statement to be true. It was held that the consent was vitiated by fraud; Babui Panmate v. Ram Agya Singh, AIR 1968 Pat 190.
question markPaytm Account Blocked 2 Response(s)
Dear Client If you are not getting any help from the Paytm on this matter then it is suggested that you send a legal notice to paytm through a lawyer seeking all the information and once then have shared the information then you or a lawyer can approach the police to figure out the resolution for the same.
question markmutual divorce. Details in notarised MoU at kolkata 4 Response(s)
No sir after the divorce by mutual consent passed then nothing any such right to Ur wife in future
question markLegal matter 3 Response(s)
Ma'am you can request for transfer of suit to Bangalore but before you request you have to appear in Kolkata till the suit is transferred. If you need any local support of kawyer in Kolkata then you can contact me.
question markBest suggestion for false allegations levelled by wife --- RCR or Divorce 5 Response(s)
Hi You file petition for restitution of conjugal rights. Prithvi Raj Sikka lawjuris Delhi