Can I File A Case To My Spouse If We Did Court Marriage?

Divorce is the dissolution of a marriage. It is a phrase that refers to the end of a marriage. Divorce rules in India, like marriage laws, can be personal laws based on the religion of the couples.

According to the Indian legal system, a divorce method or process begins with the registration of a divorce petition. The complete divorce procedure in India begins when one of the parties involved in the divorce process files a divorce petition and serves notice of the same on the other.

Grounds for Contested Divorce

  • If one of the spouses has not been reported as being alive for seven years or more by people who might have naturally found of it if that party had been living;
  • If one of the spouses had voluntary sexual relations with anyone else after the marriage;
  • If one of the spouses is cruel to you;
  • If one of the spouses has abandoned you for a constant period of at least two years immediately before the petition's presentation;
  • If one of the spouses has converted them to another religion;
  • If one of the spouses is of unsound mind;
  • If one of the spouses are suffering from venereal disease etc.

Procedure to File a Divorce Case against Spouse

Consultation with an experienced divorce lawyer is the first step in obtaining a contested divorce against your spouse. You will need to discuss your complete marital circumstances thoroughly with your lawyer so that they can provide the finest advice and advise you in the best interests. There is also a specific procedure for a contested divorce. The procedures are as follows-

  • Drafting the Petition for Divorce- A single party must approach the lawyer in a contentious divorce. The husband or wife seeking divorce must clarify the facts, and the lawyer must construct the petition based on the facts and circumstances stated and narrated. The petition must be backed by appropriate documentation that back up the charges contained in the petition. After it has been prepared, the petition, affidavits, and Vakalatnama will be signed in front of a Notary/Commissioner by the party contesting.
  • Filing of the Petition for Divorce- Depending on the jurisdiction, the petition should be filed before the competent family court when all requirements are completed.
  • Scrutinizing the Petition for Divorce- On the initial date of the hearing, the court reviews the petition and hears the lawyer making the petition's opening arguments (about the claims and grounds for divorce).
  • Appearing of the Opposite Party- After the court finds that the case should proceed and be resolved; it will send a notice to the opposite side. Following that, a copy of the petition and the notification would be delivered to the other party, and they would be required to attend court with their lawyer on the next date of the hearing. The opposite party must also file a response to the petition filed and any other applicable applications.
  • Directing for the Mediation- To begin, the Court will attempt to resolve the problem between the parties and may order the parties to appear for Mediation in order to reach an amicable resolution. Following the appearance for the mediation with a mediator, if the mediation is not effective or beneficial, the court precedes with the divorce proceedings.
  • Framing the Issues and Recording of Evidence- The court then continues with the case, framing problems and taking evidence. Both parties would have to provide evidence, be cross-examined, and provide supporting witnesses. It is the most important component of the entire process because it determines the outcome of the case.
  • Finalizing the Arguments- Following the completion of the prolonged procedure of recording and producing evidence and cross-examinations, both sides' lawyers would be compelled to make their final arguments before the Judge. Following that, a date for the decision's announcement would be set.
  • Final Decision- The Judge would make the final decision and, if appropriate, would issue a divorce decree. The evidence and circumstances determine each case's verdict. If either side does not agree with the result, they could file an appeal with the assistance of a lawyer. The time period for filing an appeal is three months from the day of the order.

You would need the help of a lawyer to proceed with your divorce case against your spouse even if you did a court marriage. If you want to get your divorce done smoothly in Noida, then a Divorce lawyer in Noida can be hired, and if you want to get your divorce by filing the divorce petition against your spouse of violence against you in Mumbai, then a Domestic Violence lawyer in Mumbai can be hired. Similarly, a Divorce lawyer in Delhi can be employed if you want to get your divorce done smoothly in Delhi.

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

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