Hindu Divorce Procedure In India
Divorce is a legal act in which a married couple authorizes their separation, and state that they are no longer husband and wife. Hindu divorce procedure in India is a long and tedious process, mainly due to so many loopholes in Indian legal enactments. If things are not going well among the husband and the wife, they are first of all advised to sustain the marriage. If things still don’t seem to work out, they proceed to apply for the final act of divorce. Although divorce in Hindu society is still looked upon as a social stigma, especially for women, more and more couples are using it as a way out from an unsuccessful marriage. Here at OneHowTo.com, let’s talk about the Hindu divorce procedure in India step by step.
To start with, the couple can apply for a divorce only if the husband and the wife have been living separately for at least one year.
The first step towards seeking a divorce is to find out a competent lawyer and hire him. His competency can actually make or break the case. So, you need to choose a lawyer who is understanding, and is qualified and experienced to handle similar divorce cases. In addition, he should not be too busy, so he can devote energy, time and effort into your case. Alternatively, you could find an online divorce firm, and complete the whole process online.
Basically, there are two approach types with which you can file a divorce application, one by mutual consent and second by contest. Mutual consent divorce is easier for both parties, as both husband and the wife agree to get separated, and sign the papers without much ado. But if the divorce is applied by contest, both parties will question each other’s grounds for divorce, and the case may stay in the court for years without any conclusion.
You have to submit papers in the court, including income tax returns for 3 years, reasons for seeking divorce, details of the present income, family details, birth records, and details of any properties or assets you possess.
You will have to issue a ‘vakalatnama’, in which you authorize the lawyer to represent your case. You should be frank with your lawyer, and explain to him all the situations which led to this situation when you have to file a divorce. The more detailed information you give to your lawyer, the easier will be for him to present your case on your behalf.
Once you apply for the divorce, you are called for a hearing after 6 months, during which you are asked to reconsider ending your marriage. If you do not appear in the court after this period of 6 months, the divorce application is automatically cancelled.
If you are still determined to get separated, you have to find a conclusion related to your child’s custody, marriage gifts, litigation expenses, post-divorce maintenance, alimony, etc. In case of mutual consent divorce, these decisions are made on mutually, but in case of divorce by contest, the court takes the decision for these.
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