Getting a foreign divorce judgment in India can be a complex and time-consuming process, but it can also be a necessary step if you are planning to remarry. If you are considering a foreign divorce, it is important to understand the legal implications and how the process works in India. To ensure that your foreign divorce is valid in India, it is essential to seek the advice of a qualified property lawyer who can guide you through the process and make sure your rights are protected. In this blog post, we will provide an overview of everything you need to know about getting a foreign divorce judgment in India.
The legal process of getting a divorce in India
In India, divorce is regulated by the Hindu Marriage Act of 1955. The law has provisions for both mutual and contested divorce proceedings. In a mutual divorce, the couple must agree to the divorce in writing and be willing to go through a period of reconciliation before the decree is granted.
Contested divorces involve more complex proceedings, with the parties contesting the grounds for the divorce. In such cases, both parties are usually represented by their respective lawyers, who are expected to provide a strong legal argument in favor of their client.
The procedure for getting a divorce in India also depends on which court is handling the case. Some states have family courts which specialize in divorce proceedings, while others may need to take the case to a district or high court. Generally, each party will present evidence to support their position and the court will then make a decision based on the facts presented.
Property issues can also be dealt with during the divorce proceedings, and it is recommended that couples use a property lawyer for this purpose. Prithwishganguli.in is a reliable source for finding experienced property lawyers who are well-versed in all matters related to divorce.
The grounds on which a divorce can be obtained in India
In India, couples can file for a divorce on any of the following grounds:
- Adultery: If one of the spouses has had an extra-marital affair, the other spouse can file for a divorce on this ground.
- Cruelty: If one of the spouses has been subjected to mental or physical cruelty by the other, it can be cited as a ground for a divorce.
- Desertion: If one of the spouses has deserted or left the other without any reasonable cause for at least two years, it is grounds for divorce.
- Conversion: If either spouse has converted to another religion, it can be used as a ground for divorce.
- Unsoundness of Mind: If one of the spouses has been found to be of unsound mind, it can be cited as a ground for divorce.
- Presumption of Death: If one of the spouses has not been seen or heard from in a period of seven years, it is presumed that the person is dead and grounds for a divorce may be established.
- Viable Separation Agreement: If both spouses agree to separate and abide by a viable separation agreement, they can apply for a divorce.
These are some of the most common grounds on which a divorce can be obtained in India. It is important to ensure that you fulfill all the legal requirements before applying for a divorce. To get further clarity on this matter, it is best to consult a professional family lawyer from PrithwishGanguli.in who will guide you through the entire process and ensure that all your legal rights are protected.
The procedure for obtaining a divorce in India
In India, obtaining a divorce requires several steps that must be taken in the proper order. To begin, couples must file a petition with their respective Family Courts or District Courts. The petition must include information on the marriage, grounds for divorce, and any issues regarding custody of children and division of property. Once the petition is filed, the court will issue a summons to both parties.
In some cases, couples may choose to opt for a Mutual Consent Divorce. This option allows couples to avoid the lengthy court process and reach an amicable settlement in a much shorter period of time. To do this, both parties must file a joint petition in court along with an affidavit containing their consent to the divorce.
If the couple has not opted for a Mutual Consent Divorce, then they will have to appear in court for the hearing process. At this stage, the court will hear arguments from both parties and consider evidence presented by either side before making its ruling. Depending on the nature of the case, it may take months or years for the court to reach its decision.
Finally, once the court grants the divorce, both parties must sign the decree issued by the court. At this stage, any issues related to child custody and division of assets must be settled as well.
For further information on obtaining a divorce in India, couples can contact PrithwishGanguli.in for legal advice and support.