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_MDivorce is not a quick step . Full procedure decoded 👩🏻🎓👨🏻🎓
1. Filing of Divorce Petition
One spouse (petitioner) files a petition in the Family Court/District Court under the relevant law:
Hindu Marriage Act, 1955 (for Hindus, Buddhists, Sikhs, Jains)
Special Marriage Act, 1954 (for inter-religious marriages)
Personal Laws for Muslims, Christians, Parsis, etc.
The petition must state the grounds for divorce (cruelty, desertion, adultery, etc.).
2. Service of Notice/Summons
The court issues a summons to the other spouse (respondent).
The respondent is required to appear and file a written statement (reply) to the allegations.
3. Framing of Issues
The court identifies the points of dispute (issues), e.g., whether cruelty occurred, whether desertion was willful, etc.
4. Evidence Stage
Petitioner’s Evidence: Petitioner presents witnesses, documents, call records, photos, etc.
Cross-Examination: Respondent’s lawyer cross-examines the petitioner and their witnesses.
Respondent’s Evidence: The respondent then leads their evidence.
Cross-Examination: Petitioner’s lawyer cross-examines respondent and witnesses.
5. Interim Applications (During Trial)
Applications for maintenance pendente lite (Section 24 HMA), child custody, residence rights, or interim injunctions may be filed and decided.
6. Arguments
Both sides’ lawyers present oral and written arguments, summarizing evidence and legal grounds.
7. Judgment/Decree
The court pronounces judgment:
Either grants divorce if grounds are proven.
Or dismisses petition if not proven.
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If dissatisfied, either party can appeal to the High Court within 90 days of the decree.
Further appeal lies to the Supreme Court in exceptional cases.
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