Divorce is a life-changing decision for couples. It's a difficult decision despite being in the best interest of a party (or parties) to move on with their lives. However, the sanctity of institutional marriage is preserved by sacred vows, which are codified and hard-held. Like marriage, couples must also assess the nuances of legal divorce.
The Divorce Act, 1869, and the Muslim Personal Law govern the factors entailing divorce in India. However, there are not all. There are six Stoic grounds for divorce in India, and your case can be profoundly influenced by one or more ancillary laws as well.
Therefore, it is ideal to book a divorce lawyer. In Kolkata, we have a thriving cosmopolitan community, comprising people from diverse religions, socioeconomic backgrounds, social perspectives, and belief systems. Hence, the grounds for divorce among communities continue to shift profusely. So, it is better to hire a legal expert to handle your divorce case in Kolkata.
Understanding Divorce Law in Kolkata (Divorce Law India & Kolkata)
A couple can seek divorce in two ways in India. When both spouses want a divorce, it's a mutual settlement. However, sometimes one party also pleads for a divorce, which the court sees as a contested divorce. Here are more details about both types of divorce:
1st: Mutual Divorce – This type of divorce occurs when both spouses agree to a separation. They can end the marriage most quickly, with both parties agreeing on the terms of divorce.
2nd: Contested Divorce – This type of divorce involves one spouse requesting a divorce while the other doesn't agree. In such cases, the partner seeking divorce must establish a legal ground to claim a divorce.
Want to understand the complete process of mutual divorce? Read our detailed guide on Section 13B of the Hindu Marriage Act.
Legal & Financial Aspects
Both mutual and contested divorce leads to different financial and legal liabilities. The following are the legal and economic aspects of a divorce in Kolkata:
Alimony Kolkata
A woman is typically entitled to alimony after a divorce from her husband. This depends on a woman's financial needs and the ability of the divorced husband to pay it.
If the couple owned any property during their time of marriage, it will be subject to division. However, there's no mention of acquired properties to be split in a 50/50 ratio. In this case, the court considers the duration of the marriage and the contribution of each spouse to the jointly acquired property.
Confused about how alimony is calculated? Read our detailed guide on financial settlement in Indian divorce laws
Child Custody Kolkata
This is another legal factor to consider when a couple files for divorce in Kolkata. The court determines which parent (among both parents) will have custody of the child. The custody depends on the parents' ability to provide childcare. Additionally, if the child is of an age to make a decision, they also have the option to choose which parent they would like to live with.
Child Support
Child support goes to either parent, depending on their financial ability to provide for the child. Typically, the financially able parent is responsible for paying child support.
Divorce is a life-changing event, and it affects the financial, mental, and behavioral sides of both partners and their children after the divorce.
The Mutual Divorce Process in Kolkata
Couples filing for mutual divorce under the Hindu or Mutual Divorce Act should follow the sequence described herein:
Step 1: Filing for a Joint Petition
File a joint petition for divorce in Kolkata's family court. After filing:
- You have to live separately from your spouse for at least six months, lawfully.
- The court will individually inquire if any of the spouses want to continue with the marriage
- Spouses must mutually give consent to the partition of marriage affairs and child custody bestowed by the court
Want to know more about the legal rights of parents in custody cases? Read our detailed guide.
Step 2: Court Appearance of Petitioners & Scrutiny
Once you file for a divorce, you must attend a respectful session with your lawyers. The same lawyer can also participate in separate negotiations with both spouses.
After the cooling-off period, the court will scrutinize the status of the case. The judge will attempt reconciliation once more. If the couple remains resolute in their decision to divorce, the court will declare the divorce final.
Step 3: Final Hearing and Divorce Decree
In the event of an anomaly during the cooling-off period, the court will verify the extent and scope of the issue. If either spouse is considering reconciliation, the court will attend to the case.
However, any reconciliation claim won't be entertained after the Family Court, Kolkata, has officially ruled on the divorce.
Contested Divorce Procedure (Brief Overview)
The consented divorce process also involves several stages before a spouse's application is finally approved. This process typically begins when one spouse files for divorce.
Step 1: Filing for a Divorce Petition
If you are filing for divorce, you must have a valid ground for doing so. Otherwise, the court might also reject your petition.
The spouse filing for a divorce petition must have valid grounds for appealing for divorce to the family court of Kolkata. To substantiate your divorce claims, you must submit some mandatory documents including:
- Supporting documents like marriage certificates
- Real proofs to validate accusations like oppression, torture, affidavits, and adultery
Step 2: Serving Notice and Response
After the petition is filed, the court issues a summons to the other spouse (the respondent). The respondent must appear in court and submit a written reply within a specified period (usually 21-30 days).
In this phase, the respondent may deny the allegations. In that case, they have to provide their version of the facts to deny the allegation. Or the respondent can counter-petition contesting the divorce. In this case, the failure to respond also leads to an ex parte proceeding, where the case proceeds without the respondent's presence.
Step 3: Mediation & Reconciliation
In this phase, the court refers the parties to attempt to reconcile or mediate the case amicably before proceeding to trial. Both parties may seek the assistance of the Legal Services Authority or a neutral mediator during this phase.
If it's possible to reconcile the case, it won't go to trial. On the other hand, if both parties wish for the case to proceed, it will be tried, and evidence will be presented in court.
Step 4: Presenting Evidence to the Court & Hearing
In this phase, both parties present the evidence to support the claims they have against the other party. The evidence is typically -
- Testimonies
- Documents
- Expert opinions, etc.
The open court conducts examinations and cross-examinations of witnesses to establish the case further. The next phase includes the court hearing arguments from both the petitioner and the respondent. During this phase, several hearings take place to assess the validity of the grounds alleged for divorce.
Step 5: Court Decision following Final Arguments
When the court has the evidence regarding the divorce petition, both parties are ready to present their arguments in the case. Ultimately, the court resolves the case by considering the entire record. If the case isn't reconcilable, the court grants a divorce and legally dissolves the marriage.
However, if the court is taking time to settle the case, both parties have the right to appeal to the court to grant a divorce within three months of the issuance of the divorce decree.
Role of Expert Divorce Lawyers in Kolkata
A divorce lawyer in Kolkata guides a couple throughout their divorce proceedings. They help clarify the terms and legal complexities of divorce, enabling the couple to navigate the process more effectively.
The divorce lawyer in Kolkata serves as your legal advisor, providing consultation and emotional support throughout this challenging legal and emotional journey. They help their clients through multiple stages. From handling paperwork to negotiating a settlement after divorce, their services span the entirety of their client's divorce.
Frequently Asked Questions
The following are some common questions people ask about getting a divorce in Kolkata.
What is the Cost of divorce in Kolkata?
The Cost of divorce in Kolkata depends on the lawyer you are hiring. It may vary dynamically, depending on the severity of the case as well. If there is an alimony exchange associated with your case, the Cost can prolifically overshoot.
How long does a Divorce take in Kolkata?
In the simplest case, the average tenure would be 1 year, including the 6-month cooling period. However, an effort to reconcile the marriage by either of the spouses can prolong the process for an indeterminate period.
How to get a divorce in Kolkata?
Follow these steps for a mutual divorce:
- Step 1: Filing for a Joint Petition
- Step 2: Court Appearance of the petitioners and Scrutiny
- Step 3: The court grants a Cooling-off Period
- Step 4: Final hearing and Decree
Share:
Share on
×