HOW TO FILE DIVORCE CASE OF MY PARENTS AS THEY ARE FIGHTING EVERYDAY

According to the Indian legal system, filing a divorce petition is the crucial first step in any divorce procedure. The filing of the divorce petition by one of the parties involved in the divorce procedure and the serving of notice of the same to the other party marks the initiation of the Indian divorce process.

Documents Required for Mutual Consent Divorce

The parties would need to submit a number of documents in order to get a divorce through mutual consent.

  • Address verification for the couple
  • Information about the husband and wife's professions and finances (including current earnings)
  • Certificate of Marriage
  • Information about the family's history
  • Photographs from the couple's wedding
  • Proof that the married couple hasn't been residing together for longer than a year
  • Evidence of failed attempts at reconciliation
  • Income tax returns for each party
  • Information about the husband and wife's assets and property

How to initiate a Mutual Divorce Petition?

  • Petition Filing- First, both parents may file a joint petition for the dissolution of their marriage and a decree of divorce with the family court or else on the grounds that they are unable to cohabitate and have mutually decided to end their marriage. Both parties agree to sign this petition.
  • Examining the Petition and Appearing before the Court- After the petition is filed, both parties will need to present before the family court. The lawyers for the parties would attend alongside them. The court will examine the petition and all filed documents. 
  • Issuance of Directives for the Recording of Oaths- The Court may require that the parties' statements be taken under oath once it has reviewed the petition and determined that it is justified.
  • First Motion Order and Six-Month Waiting Period until Second Motion- After recording the statements, the court issues an order regarding the initial motion. Following this stage, both parties have six months to file for divorce in order to file the second motion.
  • The Second Motion and the Final Hearing- The final hearings can begin once the parties have made up their minds to move forward with the case and show up for the second motion.
  • Divorce Decree- After hearing from the parties, if the court determines that the charges in the petition are accurate and that there is no chance of reconciliation or cohabitation, it may issue a divorce order formally dissolving the marriage based on the facts and circumstances surrounding the case.

Documents Required for Contested Divorce

  • A contentious divorce requires a number of documents. A few must substantiate the basis on which the divorce petition must be submitted. Below is a list of some of the crucial documents-
  • Husband's address proof
  • Address proof of wife.
  • Photographs showing a husband and woman married
  • A marriage certificate
  • Evidence in support of the grounds for divorce 
  • Financial and professional evidence

How to initiate a Contested Divorce Petition?

  • Preparing the Divorce Petition- Only one side of the parties to the marriage needs to contact the lawyer in a contentious divorce. The petition shall be accompanied by all documentation necessary to prove the charges contained in the petition.
  • Petition Filing- Depending on the jurisdiction, the petition will be filed before the competent family court once it has been drafted and all requirements have been met.
  • Court Examination of the Petition- On the first day of the hearing, the court would review the petition and hear the petitioner's lawyer's opening arguments (about the allegations and grounds).
  • The Opposing Party's Court Appearance- The opposing party would receive a copy of the petition and the notice, and on the next hearing date, they would both need to show up in court with their lawyers. In addition, the opposing party must submit a response to the petition.
  • Issue Framing and Evidence Recording by the Court- The court would frame problems, record evidence, and continue with the case. Both parties would have to present evidence, endure cross-examination, and call support personnel.
  • Final Arguments- After gathering evidence, documenting it, and conducting cross-examinations are over; both parties' lawyers must present their closing arguments to the judge.
  • Final Judgment of the Court- The Judge would make the final determination and, if appropriate, would issue a divorce judgment. Each case's facts and circumstances form the basis for the decision.

You will need a lawyer to advise your parents on the divorce process. If you want to get help for divorce, then lawyers in Mumbai can be hired, and if you want to get help for divorce, then lawyers in delhi can be hired. Similarly, divorce lawyers in kolkata can be employed to get help for the divorce procedure of your parents.

At Lead India, you can talk to a lawyer. You can obtain free legal advice and ask a legal question online free to lawyers at Lead India.

SOURCE

Visit Us: - https://www.leadindia.law

Call Us: - +91-8800788535

Email: care@leadindia.law

YouTube: - https://www.youtube.com/c/LeadIndiaLawAssociates

Facebook: - https://www.facebook.com/leadindialaw

LinkedIn: - https://www.linkedin.com/company/76353439

Twitter: - https://twitter.com/leadindialaw

Pinterest:- https://in.pinterest.com/lawleadindia

Instagram: https://www.instagram.com/leadindialawofficial

lawyers in delhi, lawyers in Mumbai, divorce lawyers in kolkata

Location: Metro Pillar Number 34, Vikas Marg, Veer Savarkar Block, Block U, Shakarpur Khas, Delhi, 110092, India

Comments

Post a Comment

Popular posts from this blog

Do Killing A Pet Animal Is A Criminal Offence?

Image
The Indian scriptures and traditions acknowledge the need to safeguard animals. The laws in India continue to be a means of assuring their safety and existence. The government has repeatedly sought to put in place a strong framework to protect animals from any possible attacks on them. The Indian Constitution  Under Article 48A of the Constitution, the State must strengthen animals and protect the nation's wildlife. It works to increase the number of animals and make sure they are safe from all attacks. Under Article 51A (g) of the Constitution, Every citizen has a fundamental obligation to preserve and enhance forests and animals, as well as to show compassion for all living things. Under Article 21 of the Constitution, the rights of animals are guaranteed as a result of the court's broad interpretation. In accordance with the legislation of the land, every animal has the right to life and security, and this right is enlarged to encompass not only humans b
Read more

What Is Section 3 Of Hindu Marriage Act And What Does It Mean

Image
Due to multiple instances of marriage-related fraud cases that left both men and women afraid or ashamed, this regulation was introduced. Any individual who identifies as a Hindu, Jain, Sikh, or Buddhist and who is not also a Muslim, Christian, Parsi, or Jew or who is subject to another law is obligated to follow it by this act. Any person who is a Hindu by birth or by religion is subject to this regulation. In Section 2 of the Hindu Marriage Act, a comprehensive definition of a Hindu is provided. Section 3: The forbidden degrees of ties that were outlined in the Smritis were repealed by Section 3 of the Hindu Marriage Act of 1955, and new prohibited degrees of relationships, including one, cannot wed his brother's spouse. However, divorcees and widowed women are exempt from this regulation. The terms "Custom" and "Usage" refer to any rule that has been legally binding among Hindus in any particular locality, tribe, community, group, or family after being consis
Read more

Process Of Court Marriage In Rural Areas Of India?

Image
Every Indian citizen, even those who are foreigners, is subject to the procedure outlined in the Special Marriage Act of 1954. You can follow the identical steps outlined in the act for your court marriage if you want to wed a foreign boy or girl. In other words, you can get married in court to your partner regardless of their caste, religion, or nationality. Due to the fact that a judicial marriage saves time and money, it is one of the best ways to get married. Conditions:                    The man or female who will be in a court marriage shouldn't already be married. However, if a divorce has already been finalized, the person can still get married in court using the same process. Simply put, a person cannot be married to more than one person at once. The person must possess a divorce certificate if they were divorced. The bride and groom must provide their unrestricted approval. Any permission given unlawfully, forcibly, or under duress shall not be regarded as voluntary
Read more