Divorce Steps: India

The marriage performed in India as
per any caste customs, is recognized as
a valid marriage. If the couple
agreeing for mutual consent divorce, it
may take a minimum period of six
months. Any of the spouse is absent
during summons, an alternate service
of summons will be done so that the
case can be decided exparte, within
three to four months. Alimony is not
granted by court in mutual divorce
and mutual consent is not
challengeable. But duration in case of
a Contested Divorce ranges between 2
to 4 years. The divorce procedures in
India are tremendously challenging
both emotionally and financially.
The judicial system has a vested
interest in protecting the institution of
marriage. For this exact reason, Indian family courts demand reasons like cruelty (Physical & Mental), Desertion (Period
varies from 2 to 3 years), Unsoundness
of mind, Impotency, Adultery etc. for
Grounds of Divorce which can be
uniquely called ‘Matrimonial
Offences'. The divorce process
formally starts when a spouse files a
petition for divorce via a lawyer and a
divorce notice is sent out to the other
party. In Contested Divorce Petition,
the courts typically would send the
couple to counseling or a mediation
service and impose a waiting period.
This might lead to re-unification or an
amicable split/divorce. Divorce case
can be filed where marriage has taken
place, where they started living soon
after the marriage and prior to
separation where the respondent was
residing etc. Wife can also file a case
from the place where she is living
after leaving the matrimonial home.
The main issue in a contested divorce
is custody of children. There is no
fixed formula as to who would be
entitled to have the custody of
children. In deciding issue of custody
of children, the most important factor
is the welfare of the children which is
the paramount consideration in
deciding this issue.
Note: Divorce is a stigma for all those involved. So far as possible it should be avoided. But if unavoidable best way is to settle it amicably.