The grounds of divorce: U/S 13 Hindu marriage act 1955
- Mutual consented divorce
- Cruelty
- Adultery:
- Desertion:
- Conversion:
- Mental Disorder
- Leprosy:
- Venereal Disease:
- Renunciation:
- Not Heard Alive:
- No Resumption of Cohabitation:
If the married couples don’t further want to continue their marriage or if they discomfort with the marriage then they can file the mutual consented divorce by their own wish.
According to the provision of HINDU MARRIAGE ACT the married couples should be lived separately from 1 year or more than 1 year.
In the mutual consented divorce couples have to decide some important points during the planning of the consented divorce i.e. child custody, child visitation right, alimony that should be on the basis of one time permanent maintenance, property / assets.
In the mutual consented divorce the pleaders usually makes an agreement between the husband and the wife that is called memorandum of understanding (MOU).
Now you are thinking about the MOU(what is MOU).
Basically it’s a type of the terms and conditions that usually occurs between husband and wife. The MOU should be drafted by the advocate general or by the pleaders just because the MOU contains some clauses, some paragraphs that are very important and also in the favour of the husband and the wife.
The MOU is only for providing the more facilities to the litigants.
That the purpose of making the MOU is only for not inviting the future litigations , problems, harassment, agony.
Now we are going to tell you the procedure of consented divorce.
- Joint petition should be drafted by the advocate.
- Appropriate court fee.
- Mou
- Signature on the joint petition and on the supporting affidavits that should be made by the advocate.
- Marriage proof (marriage photographs/marriage certificate/marriage card).
- identity proof
- After completion of drafting of joint petition file the case in district court.
Now come up for hearing before the family court.
On the first hearing parties should be appear in person alongwith their original identity proof. Statement would be recorded by the presiding officer of the family court.
And the first motion would be allowed by the family court and decree given to the parties.
Now after six months the parties again have to file the second motion. The procedure of the second motion is basically similar to the first motion and only certified copy of the first motion shall be required for second motion.
After recording of the statement of second motion the court will grant the final decree of the second motion.
NOW RULES FOR THE CONTESTED DIVORCE.
The aforesaid grounds are for the contested divorce except the mutually consented divorce .
If you want to file the contested divorce then you have to firstly choose on which ground you want to file the contested divorce.
Firstly collect the evidence for the divorce against your husband/wife.
If the ground is adultery then you have to collect the phone call history, call details, chats screenshot, some photographs with adulter, all the supporting things that would clearly proof the adultery.
If you are confused regarding the collection of the evidence in that case asks your lawyer, he/she will give you the right direction for collecting the supporting docs for your divorce case.
Draft the divorce petition by your pleader.
After reading the draft put your signature on the draft, verification, affidavits.
You have to attach your marriage proof like marriage photographs, marriage certificate, marriage card.
Then file the petition on the filing counter of the district court alongwith applicable court fee.
This is very important on the first hearing to address the Hon’ble Court and tell everything about the case after satisfying the Hon’ble Court the court will issue notice to the opposite party to appear in person.
Courts have now waived off the statutory cooling period under certain conditions. So a couple may seek waiver and apply for second motion, else they will have to wait for 6 months before filing the second motion and then a Divorce Decree is passed.
