Last Updated on August 25, 2018 by Legalseva.net
No Divorce is easy be it online. Considering the pace at which divorces are happening in India the day is not far when divorces will happen online but not yet. So relax and chill. Just because you searched ‘How to get Divorce Online in India ‘ doesn’t mean you will get it.
India is still not a developed nation and this will take some time. It’s better to discuss the current procedure /steps for filing divorce in India. Following are the factors to be considered before filing :
Also Read- Matrimonial Issues
FACTORS
1 Years of marriage -Only after an year it can happen.
2 Kind of Divorce- Is it Mutual or a contested divorce. Mutual in just 6 months and contested even can take 6 years.
3 Place of filing Divorce – Last stayed place together of couple, for girl at her parents house or place of marriage. Place can be changed through High Court if not convenient.
4 Child Custody – Along with Divorce you have to file a separate case for custody of the child.
5 Maintenance – You can file a separate case or claim it in the divorce case only but have an arrangement of finances before filing of the case.
6 Grounds of Divorce – You have to mention the reason on what basis you need divorce. Legal grounds are – , mutual needs no ground and that’s why it is quick.
7 Residence– You can’t file the case and sleep in the same house or you will be dead. Plan your divorce accordingly. Talk to your parents and build your support system for big battles like divorce in life.
8 Interim – You can get interim maintenance, protection and residence orders under Domestic Violence Act if you can’t afford house.
9 Alimony– Think of an offer your spouse can’t reject or else get it from the court. This is a part of divorce and you will get it in the end.
10 Property – If it’s a joint then you surely can have it else it will be a part of your full and final settlement of your divorce.
Also Read- MAINTENANCE IS YOUR RIGHT WHEN YOU CAN’T.
PROCESS
1 Find a Divorce Lawyer online -Engage the best cum expert divorce lawyer and family lawyer for your case. Since divorce proceedings are complex, you can’t contest it on your own nor you will get free legal aid. So if you are serious about divorce , get an advocate.
2 Case Preparation – Give the best version of your story based on the facts and evidence that you can provide later on. Be clear with your ground of Divorce and assimilate all evidences.
3 Proceedings – Once your case gets filed, notice is given to other spouse. He/she appears and give reply to your divorce application. Then both parties will lead evidence along with witnesses and opposite lawyers will cross examine them to dig out the truth. In the end final arguments will happen and judge reserves his order. Soon judgement follows. Depending upon the outcome you can appeal in High Court.
4 Fee for filing a Divorce – It’s proportional to the social status of individuals and vary drastically. From 35 k to 5 lakhs depending upon city and competition involved in the contest.
5 Other Facets – Alimony, Maintenance, Child custody with their future expenses, jewellery , articles , joint properties and full and final settlement of the case.
Also Read- WHY MUTUAL DIVORCE IS BEST WAY OF SEPARATION LEGALLY
If the party chooses not to appear then courts grant an ex-parte order but your attempt should be always to give the correct address.
For Chandigarh – Divorce petition is filed in District Court sector 43, Panchkula- District Court sector 1 , Mohali, Zirakpur and Derabassi – District Court sector 76 New Judicial Complex.
Once your case gets filed and listed before the judge, you will be assigned a case number which will remain the same throughout.
Also Read- PROCEDURE IN DOMESTIC VIOLENCE CASES IN TRICITY
You can view the cause listing, case status and daily orders of your case on the websites of above listed courts without any hassle. Just put your case number in the query box and hit the search/enter button. The information sought will appear right before your eyes shortly. The best part ecourts even have an app on Android and Google. So you can download it and save it on the device. No need to put the information, just browse the status directly.
Links to the Ecourt websites of Chandigarh, Panchkula Mohali Zirakpur Derabassi
Also Read- Grounds of Divorce
Grounds of Divorce – Cruelty , Desertion, adultery, impotency, chronic disease , conversion to other religion, unsoundness of mind, venereal communicable disease, virulent disease or incurable leprosy, presumption of death, non compliance of restitution of conjugal rights,
Interestingly irretrievable broke down of marriage is still no ground of divorce in India . The other form, Mutual Consent Divorce is seen as a ‘no fault divorce ‘.
It’s been a trend, divorce cases are never filed separately. There is a package. Apart from divorce spouse is advised to file cases under 498A & 406 , Maintenance, Domestic Violence and Dowry.
Also Read- MAINTENANCE LAWS IN INDIA
Things become worse when parents of either side are named in the complaint or FIR along with brother and sisters, unnecessarily dragged into this mess.
And it’s a fact that where even any one of them have spent a single day in jail, marriage is not saved. It had either gone to High Court or may be Supreme Court and finally a compromise or acquittal is achieved.
Also Read- 498 A NOW AND THEN.
That’s law. You can’t be certain till its ordered. Misuse of 498 A was blatant until Supreme Court stopped immediate arrests through various judgments. Now before lodging of the FIR, couples are given opportunity to weed out their differences so that no permanent scars are brought to their relationship.
Also Read- COMPROMISE QUASHING IN HIGH COURT CHANDIGARH
Consulting a marriage counselor works when both the spouse thinks that it can help otherwise it’s a sheer wastage of time. A better option would be to involve an elderly family member whom both agrees to. These counseling sessions helps you clear the doubt whether situation can change or not. And in the end, you can take a better decision.
Family Courts of Chandigarh Panchkula Mohali are today flooded with matrimonial disputes. One reason can be increasing independence of woman in terms of finances and better access to high education. Today a wife is not inferior by any means to a husband and vice versa.
Also Read- SEND LEGAL NOTICE FOR A DIVORCE
It’s becoming difficult for any unhappy individual to carry the burden of a failed relationship and that’s why no society bothers them as Divorces are becoming so common today.
The best thought would be to call it end where you can’t take it further. Mutual is the best way but if not then fight is worth in the courts.
Also Read- CUSTODY OF A CHILD IN NRI CASES
Divorces are tormenting and trying when kids are involved. At LegalSeva, a specialized Divorce Law firm, our endeavor is always to protect our client’s interest but in a dignified and respectful way. When kids are involved, their interest becomes paramount. We are happy to say no rather to change our ideology in complex divorce matters.
We still believe that marriages are sacrosanct and beautiful form of unions but at the same time not the last thing to do in life. There is no harm or public shame in correcting a mistake or moving on when it’s not working any more.
Also Read- MARRYING FOR SEXUAL PLEASURE? THINK AGAIN- DELHI HC
You will and are the best judge for yourself always. Never get marginalized by the opinion of others as they will never understand what you go through every day and that’s why I say, Divorces are damn personal to talk about. Never shy away from admitting things aren’t working but first be safe and then take a decision. Always.
Mediation and conciliation are requisites to be clear about Divorce. We at LegalSeva take extreme pride in handling divorce matters with ethics and full diligence.
Also Read- MUTUAL CONSENT DIVORCE PROCEDURE FOR NRI’S
The only way of getting separated legally is through Court decree and judgment. No Divorce deed, agreement or pact has any legal value in the eyes of law. Don’t get fooled by the notary agents or touts outside the courts. Through courts it’s expensive but that’s the only genuine way of seeking a divorce.
Section 13 of Hindu Marriage Act, 1955 talks about dissolution of marriage through judicial separation. The first part talks about contested divorce based on ‘fault finding mechanism ‘ whereas the second part on Mutual basis which is based on ‘no fault’.
Also Read- MUTUAL CONSENT DIVORCE MOST POPULAR QUESTIONS
Apart from seeking divorce, parties can seek annulment of marriage on valid grounds as per law.
If you need any specialized advice on the subject, just Dial 99888-17966 & say LegalSeva.
Also Read- LOOKING FOR BEST DIVORCE LAWYER IN CHANDIGARH, PANCHKULA, MOHALI, ZIRAKPUR
