Process for Filing a Petition for Divorce in India

Process for Filing a Petition for Divorce in India

May 28, 2024 - 15:44
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Process for Filing a Petition for Divorce in India

Filing a Petition for Divorce in India

Filing a Petition: The divorce process in India begins with the crucial step of filing a petition. This is the formal action taken by one spouse, known as the petitioner, to initiate the legal proceedings for divorce. The petition is filed in the appropriate family court, which has jurisdiction over the matter based on factors such as the place of marriage, the residence of the respondent, or where the couple last resided together

Preparing the Petition

The petitioner must meticulously prepare the petition, ensuring that it comprehensively details the grounds for seeking divorce. These grounds vary depending on the personal law applicable to the marriage. For instance, under the Hindu Marriage Act, 1955, grounds can include cruelty, adultery, desertion, conversion to another religion, mental disorder, and more. Under the Muslim personal law, grounds such as incompatibility and failure to fulfill marital obligations might be cited.
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