How to file a divorce petition

There are several acts in the constitution that have made provisions for people from different

religions to file for divorce under the four different laws namely- Hindu Marriage Act 1955, The Divorce Act ( for Christian marriages),

Muslim Marriage Act, 1930, and Special Marriage Act, 1954.

There are two ways of filing for a petition, one where both parties agree for the break in marriage

which is referred to as mutual consent, or mutual divorce and the other where one party agrees and

the other does not, referred to as a contested divorce.

For divorce proceedings to begin, a petition in the respective court must be filed.

Filing a divorce petition involving mutual consent involves the following steps-

1. Hire a Divorce Lawyer.

2. Drafting a petition on the grounds for divorce, joint filing of a divorce petition where both

parties have agreed or only one party has consented for the divorce.

3. File the petition through a Divorce lawyer before the family court.

4. Both parties appear before the court and give their respective statements after filing of the

petition.

5. Court examines the petition, documents, and moves for mediation/reconciliation.

6. If the above process is a failure, both parties appear for the filing of a second motion which

is done within 18 months of the first motion.

7. A final hearing is carried out, where the court passes an order for the dissolution of the

marriage.

Filing a divorce petition involving contested divorce consent involves the following steps-

1. Hire a divorce lawyer.

2. Drafting and filing of the petition by either side (Husband or Wife)

3. Issue of summons by the court to the party who is contesting the divorce.

4. Submission of all relevant documents to the court.

5. Court examines the petition, documents, and moves for mediation/reconciliation.

6. Cross-examination of any relevant witnesses.

7. The court listens to the arguments of both the advocates and ascertains grounds for divorce.

8. A final hearing is carried out, where the court passes an order for the dissolution of the

marriage.

Filing of a petition in a court requires the presence of a Divorce lawyer, and is the first step for the

start of the entire process for proceedings to carry out efficaciously.

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