Divorce Filing in Kolkata


Posted On : January 7, 2022
Divorce Filing in Kolkata
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Divorce is a matter which is covered under the paradigm of family and personal laws and as such the filing of a divorce case in any jurisdiction will follow the laws that govern them. Filing a divorce case in Kolkata can be easier if someone has the right idea about it otherwise it can turn into a bitter experience. One must abreast itself with the nuances of how to get divorce. Kolkata is a metro city and the name Kolkata is not just confined to the district of Kolkata but people living in South and North 24 Parganas they also refer to themselves as living in Kolkata and thus While filing a case in Kolkata one needs to keep in mind several points. Some of them are mentioned below for the readers

 

1. Area wise Jurisdiction for filing divorce case in Kolkata

One of the generic questions that all have is how to file divorce in Kolkata. First of all, one has to understand that divorce cases are filed and entertained at either District Courts or the Family court. A person first and foremost has to figure out what his or her jurisdiction can be based on his/her current residential location. If someone is having its residence in South 24 Parganas then the District Court of Alipore will be the place where the case will be filed. A person having its residence in North 24 Parganas would be filing the case in Barasat District Court and a person having his residence in Kolkata District would be filing the case in Family court at Bankshall.

One has to keep in mind that North and South 24 Parganas have additional extended courts of Additional District Judges (ADJ) at Barrackpore and Baruipur and depending on the proximity of the residence and jurisdictions of certain police stations the divorce case can be transferred to these ADJ courts as well after filing in the respective District Courts. So, you can see that there are certain variations here when you try to find the answer of how to file divorce in Kolkata.

 

2. How the jurisdiction will be decided and fixed for filing divorce case in Kolkata?

The jurisdiction of a court to file a divorce case in Kolkata will be decided on the following factors;

a.      The current residential address of one of the parties/spouses as mentioned in the above paragraph.

b.      The place where the marriage ceremony was done or the marriage was registered.

c.       The permanent address of the spouse or the matrimonial house address

 

3. How does the client or party decide where to file the divorce case in Kolkata?

A person who wishes to file a divorce case in Kolkata can arrive at a preliminary conclusion of jurisdiction on the basis of the territorial jurisdiction as per the above paragraph. In case if the question of how to file divorce or how to get divorce remains in the mind of the client then he can approach his divorce lawyer in Kolkata to figure out the exact place where to file the case. Many a times it is advised that the client should interact with his/her lawyer to finalize where to file the case depending on the ease and convenience of the client. Since the possibility of filing a divorce case is multiple hence deciding the right court in discussion with the lawyer is advisable. A good divorce lawyer in Kolkata will be able to discuss and guide you the right court for you to pursue your divorce case.

 

4. What is the court fee applicable for divorce cases in Kolkata?

The court fee for the divorce cases in Kolkata or whole of West Bengal is fixed. When someone files a contested divorce petition then the court fee to be paid is Rs. 200/- and for filing a mutual consent divorce the court to be paid is Rs.100/-

One needs to be advised here that these are the court fees which are paid to the court while filing the divorce case and not the fees which are paid to the advocates when one hires for fighting the cases in the courts. The advocate’s fee is dependent upon many factors and one needs to clarify this while approaching a divorce lawyer in Kolkata. The best divorce lawyers in Kolkata can be though little costly but one can still find many expert divorce lawyers in Kolkata within their budget.

 

5. What are the points that one needs to remember while filing a divorce case in Kolkata?

Earlier we have already discussed the question on how to file a divorce. Now let’s be clear on the point that matrimonial cases or the cases related to dissolution of marriages are emotionally drenching and they leave a scar on the minds of the parties. From the time once decides to move the court for dissolution of marriage till the case outcomes is provided by the court and sometimes even after that the emotional troubles remain to be there. Hence it is to be noted that to minimize the pain of divorce and the process of separation one needs to follow and do certain things. As an expert divorce advocate who is handling multiple divorce cases in Kolkata, I can suggest few pointers like given below;

a.      Don’t move the court for divorce case unless you have tried all the alternatives like judicial separation, counselling with marriage counsellors, involving your elders to resolve the issues etc.

b.      If the marriage is breaking due to difference in opinion, lifestyle, tendencies and attitudes then speak to each other and try to file an MCD rather than a contested petition.

c.       Try your level best to sort things amicably as the long-drawn process of divorce can drain you out mentally, emotionally and financially.

d.      Before fling a case for divorce ensure that you have done proper planning on child custody, future expenses and financial management. This is applicable for both husband and wife and in case of a wife ensure a regular source of income.

e.      If you are a wife filing the divorce case then seek the maintenance as early as possible to ensure some financial security.

 

6. What is better to file - an MCD or a contested case?

In general, a contested case will take more than 3 years to reach to the final outcome as it involves multiple stages in the court room. Also, when you file a contested petition, you expose your personal life in public as there will be many people who would be observing the case in the court room and lot of untoward things can be happen or be said that might hurt you emotionally. Hence in my honest opinion, I suggest all my clients to file a mutual consent divorce (MCD) rather than contested to save them from the unwarranted mental harassment of going through all. MCD an can be over between 6 months to 12 months and if the Ld. Court is gracious enough to waive off the cooling off period of 6 months, then it can conclude within 6 months too. Looking at the psychological turmoil that a family undergoes in divorce cases it is always advised to file an MCD and not contested petition.


The above paragraphs describes all about how to get divorce in Kolkata. There might be few more questions which can arise in someone's mind. Some of those question relating to how to het divorce et al are mentioned below.

 

 

FAQs

1.     How to decide the court where to file a divorce case in Kolkata?

Ans: The court where to file a divorce case in Kolkata can be decided on the basis of territorial jurisdiction meaning where is the current residence, where the marriage was done or registered, and the permanent residence of the party.

2.     I got married in Kolkata but now reside in Bangalore then can I file the divorce case in Kolkata?

Ans: Yes, if you got married in Kolkata then you can file your divorce case in Kolkata.

3.     Can I file divorce and child custody simultaneously?

Ans: Yes, you can file both the cases together but remember a point that the parent who is not holding the child in custody currently files the case.

4.     When should I file the maintenance case before, during or after the divorce case?

Ans: It is up to you when you want to file the maintenance case and your decision should be driven by your financial needs and planning.

5.     How do I find the best divorce lawyer in Kolkata?

Ans: One can find the information about a advocate in Kolkata through word of mouth, going to the court, enquiring with the law clerks, getting references form friends and relatives etc. In addition to that in today’s world one can find lot of information on lawyer through internet. You can employ all the possible ways to figure out the best divorce lawyer in Kolkata.

Written By:
Abhimanyu  Shandilya

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