HOW TO FILE DIVORCE IN INDIA UNDER HINDU MARRIAGE ACT

FIRST OF ALL BEFORE TELLING YOU THE COMPLETE PROCEDURE OF FILING THE DIVORCE IN INDIA

We want to apprise you about the most important things about the divorce by way of  under given questions and answers

1. WHAT IS DIVORCE ?

ANS.    Divorce is a legal process of separation after marriage

Divorce is a formal (legal) and permanent form of crumble—termination of bonafide marriage.

Divorce, is known as a dissolution of marriage, it  is the process of terminating a wedding or conjugal union.Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage.

• Who can file the divorce

Ans- A legally wedded husband and wife can file the divorce.

• How many types of divorce in Hindu marriage law

Ans. According to the provision of HMA it can deals only two types of divorce law in India that is given as under:

1. That the legally (bonafide) dissolution of marriage i.e. Divorce by way of mutual consent of both the parties i.e. Husband and wife.
2. That if one of the partner either husband or a wife wants a Divorce without the mutual consent that is called the contested divorce.
3. What is mutual consent divorce and contested divorce.

Ans, i)      Mutual Consent Divorce:- Mutual Consent Divorce is a very simple way to coming out of the marriage and dissolve it legally. when both the parties i.e. husband and wife after their marriage wants a peaceful separation with their own wish, is called mutual consent divorce. The divorce by way of mutual consent can be apply by both husband and wife

ii)     Contested Divorce:-that the contested divorce is a  divorce without mutual consent it can be filed by either of the parties i.e. husband and wife. It is filed without any type of permission from either of the spouse(husband or wife). There are some types of contested divorce.

1. Cruelty  = bad behaviour which causes physical or mental harm to another, especially a spouse, whether intentionally or not.
2. Adultery  = voluntary sexual intercourse with any person other than his or her spouse
3. Desertion = desertion is defined as when one person in the wedlock deserting the other for a continuous period of not less than two years. This basically means that one person has left the company of other without agreement or for a good reason.
4. Conversion = Conversion means in HMA that the person has voluntarily relinquished his or her religion and adopted another religion
5. mental disorder = mental disorder means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia 
6. communicable disease = A communicable disease is one that is spread from one person to another through a variety of ways that include: contact with blood and bodily fluids; breathing in an airborne virus; or by being bitten by an insect.
7. Presumption of death
8. Impotency = Impotency in general language refers to the state of mind or body which makes sexual act impossible.

5.  MOST IMPORTANT POINTS TO keep in mind WHILE mutual consented DIVORCE

• Child Custody
• Alimony/Maintenance – when one of the spouse is unable to maintain himseIf/herself  then other needs to pay him a certain sum of amount as a permanent maintenance.
• Settlement of Property and Assets

PROVISION’S IN THE hindu marriage act FOR MUTUALLY CONSENTED DIVORCE

(Section 13B of the Hindu Marriage Act 1955.)

Where to file the petition in any one of the following family courts

• Where the couple was last residing as husband and wife,
• Where the husband is presently living.
• Where the wife is presently living.

DOCUMENTS REQUIRED FOR DIVORCE WITH MUTUAL CONSENT

The following Documents are required for Filing a mutual consent divorce petition.

Before telling you the important documents that is required for filing of the mutual consent divorce you need appoint an advocate or an pleader that will help you prepare the documents if anything is missing :

• Marriage Certificate (original)
• Address Proof – Husband and Wife.
• Original Photographs of Marriage.
• Two passport size photographs of Husband and wife
• Evidence of Staying separately form one year
• Evidence relating to the failed attempts of reconciliation.
• Parties should be in person.

Following steps that involved while filing a Divorce :

In the mutual consent divorce there are two types of  motion the second motion would be filed after six month from date of decree of first of motion.

• Step 1: Drafting and Filing of Petition = The drafted joint petition needs to be submitted at family court district court along with prescribed court fees.(joint petition should be drafted by an advocate)
• Recording of statement of first motion:- after filing of the joint petition both the parties should appear before the family court for Recording of the statement
• Decree ;- after recording of the statement the family court will pass an order and decree for first motion.
• six month cooling periods:= According to the provision of HMA, second motion will be filed after six month from date of decree of first motion, this six month time is provided to the couples for sought out their disputes. 
• Second motion := second motion is mostly same as the first motion, the second motion petition should be drafted by the pleader and certified copy shall be required for filing of the second motion.
• Recording of statement of second motion ;=after filing of the second motion joint petition both the parties should appear before the family court for Recording of second motion statement

Final Order(Divorce completion) The final order/decree of divorce will be passed by the family court upon successful completion of all the stages mentioned before and you got legally divorce.