Indian Law: Filing for Divorce in India
The process of getting a divorce in India may not be as easy as it is in the western countries. It may take years to terminate a marriage contract. This makes it important for the petitioner to go through the proceedings carefully, which include the application procedures and documents to be submitted.
Indian Law: Things to Know while Filing for Divorce in India
Divorce in India is usually seen as a social stigma, where usually both parties have to go through a lot of emotional and financial turmoil to get a divorce. The Indian law for filing for a divorce requires you to follow these steps for speedy termination of the marriage contract:
Hiring an Attorney: The foremost step while filing for a divorce in India is to hire a lawyer with experience in handling cases where the divorce is contested. Further proceedings are specific to different religions. If both the parties mutually agree on the divorce, the marriage contract can be terminated without hiring an attorney.
Divorce Grounds: You should compile documents that will be used as grounds for applying for the divorce. General grounds could be adultery, abandonment, sexual impotency, physical abuse, incurable disease, and so on. The grounds for divorce may differ on the basis of religion of the involved parties.
File the Divorce Petition: Based on the grounds for divorce, your lawyer will file the petition in the court. To file for divorce, you will have to provide your lawyer with documents, including salary information, income tax statements, family information, asset and property details, and information on living arrangements with children.
Sign a Vakalatnama: Signing a vakalatnama gives your lawyer the authority to act on your behalf in the court. The court will dispatch a notice and a copy of the petition to the estranged spouse mentioning the date on which s/he must appear in the court. It must be noted that in case of inter-caste marriages, the Indian divorce laws have been laid down in the Special Marriage Act, 1956.
THIS IS WRONG
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File the Divorce Petition: Based on the grounds for divorce, your lawyer will file the petition in the court. To file for divorce, you will have to provide your lawyer with documents, including salary information, income tax statements, family information, asset and property details, and information on living arrangements with children.
you don't need to give any personal and financial details as mentioned in this article to the lawyer.
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