How To Apply For Divorce Online In Metro Cities Of India ?

Marriage is a universally accepted social institution. It is an institution of the society which has different implications in different cultures.

As per the Hindu social heritage, marriage is not looked at from the materialistic point of view, but it is termed as something sacred  not a social contract. 

However, in present times, marriage in India stands on a crossroads where it is celebrated in a grand manner in one way, however, on the other hand, people have started opting to live in a live-in relationship with their partners in India without actually getting legally married.

Relationships now, are no longer considered to be as unbreakable, or irrevocable, as the procedure of divorce be as a mutual consent divorce or a contested divorce is permissible both socially and legally. 

Divorce in India

In India rules for mutual consent divorce and divorce in general as well as the procedure of divorce are connected to religious practices. Divorce procedure or the process for divorce among the Hindus, Buddhists, Sikhs, and Jains is governed by the Hindu Marriage Act, 1955. 

Divorce amongst the Muslims by the Dissolution of Muslim Marriage Act, 1939, Parsis by the Parsi Marriage and Divorce Act, 1936 and Christian divorce is governed by the Indian Divorce Act, 1869. Inter-community marriages in India as well as their divorce procedures are governed by the Special Marriage Act, 1956. 

To file for a mutual divorce and dissolution of marriage, couples who are living separately or have considered their marriage to be over on the basis of some other factors by which they can satisfy courts to grant a decree of separation by mutual consent by filing a petition for divorce following the procedure provided under the law. For further information, you could seek legal guidance from an experienced divorce lawyer in kolkata.

Section 13 of the Hindu Marriage Act, 1955 provides for the grounds of divorce, even though such grounds may be liberally construed by the courts.

As per the provisions of Section 13, one has to remember that divorce is not mostly favored or encouraged by courts and is permitted only in cases with  very serious and grave reasons. Courts when evaluating Section 13(1)(i) in the case of Romesh Chander v. Savitri [(1995) 2 SCC 7] observed that when a marriage is dead both emotionally and practically and there is no chance of it being retrieved, the continuance of such marriage would be a cruelty as per the meaning of this section.

Section 13-B of the Act of 1955, talks about the procedure for mutual consent divorce, which  could be initiated by a petition for dissolution of marriage by a decree of divorce by mutual consent to be presented to the district court, stating that they have been living separately for a period of one year or more, and the parties have agreed to dissolve their marriage through mutual consent divorce, also known as "No-fault divorce".

How to file a divorce in India Online

As a growing rate of mutual divorce in India is being witnessed, the courts have tried to ease the procedure of mutual divorce by introducing the method of online filing of mutual consent divorce.

It is being done to cater to the growing number of mutual consent divorce cases by reducing the time required for the legal procedure related to the divorce and free the parties involved from the mental trauma.

There are certain requisites to be fulfilled when filing for divorce online:

  • Both parties to the marriage must have reached upon an agreement about mutually parting ways,
  • Matters which are related to certain topics such as the decision of child custody, property, alimony and assets are required to be sorted beforehand, 
  • After you have discussed over these issues and come to a conclusion, you should  pen down things in writing so as to sort things out easily and reach over an agreement easily
  • It has to be understood that even though e-filings of mutual divorce are easy, you may need the assistance of a divorce lawyer in mumbai to do it for you. Since they are well versed with the technicality involved
  • Online firms, like any other law firm would ask you to fill a form and fill all the details about you and your spouse. It would ensure that valid details are given by both parties, hence helping these firms to understand the cause of mutual consent divorce in detail.
  • A legal notice would be sent to the other partner either by registered mail or in-person
  • Parties to the divorce are required to be present while carrying out this procedure, so as to ensure that the divorce filed is by mutual consent and both parties will have no objection with it.
  • After filling the form for divorce, the experts of the firm will approve it to finalize it for filing. 
  • A print out of the same is required to be obtained, which is to be  filed at a local court for a divorce
  • After going through the details, and based on the grounds on which divorce has been filed, the court would grant you the final divorce decree

Conclusion 

It would become easier to obtain a divorce minus the regular procedures required to be fulfilled for the procedure of divorce. Mentioned above is the usual procedure for obtaining an online divorce in India. Even though there are loopholes, one can always follow the option for an online divorce, which would be definitely fast as well as easy in comparison to the customary divorce procedures followed in India.

Lead India offers you a team of experienced divorce lawyer in noida or in your city, who could help you with the procedure of divorce. If you wish to talk to a lawyer or seek free legal advice  online, you may contact us.

SOURCE:-

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divorce lawyer in kolkata, divorce lawyer in mumbai, divorce lawyer in noida

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