Understanding Divorce Cases in Faridabad (Haryana)
1. Types of Divorce under Hindu Law:
a. Mutual Divorce
- Process (Section 13-B) – Mutual divorce, governed by Section 13-B of the Hindu Marriage Act, simplifies the dissolution process when both spouses agree. It involves the submission of a joint petition expressing mutual consent and addressing issues like alimony and child custody etc.
- Requirements – To file for mutual divorce at Family Court, Faridabad, spouses must fulfill two main criteria—mutual consent and living separately for at least one year.
- Significance – This type of divorce offers a more cooperative and faster resolution compared to contested divorce, fostering a sense of agreement between parties.
b. Contested Divorce
- Grounds (Section 13) – Contested divorce in Faridabad is initiated when one spouse files a petition based on specified grounds outlined in Section 13 of the Hindu Marriage Act.
- Legal Process – This involves a more formal legal process, where one spouse acts as the petitioner initiating the divorce proceedings, and the other becomes the respondent, defending against the claims.
- Complexity – Contested divorces tend to be more complex and time-consuming, requiring legal arguments, evidence presentation, and court proceedings.
2. Irretrievable Breakdown of Marriage
- Definition – Irretrievable breakdown signifies a situation where the spouses are unable to live together harmoniously, and the marriage is beyond repair.
- Legal Status – While this holds practical significance, there is currently no codified law recognizing irretrievable breakdown as a specific ground for divorce.
- Court Evaluation – The Family Court Faridabad shall evaluate the evidence to determine if there is a practical possibility of saving the marriage and if the breakdown is beyond repair.
3. Grounds for Contested Divorce under Hindu Law
- Adultery – Involves engaging in extramarital relations outside the marriage.
- Cruelty – Willful acts causing physical or mental harm to the spouse.
- Desertion – Occurs when one spouse willfully abandons the other without any intention of returning.
- Religion Conversion – If either spouse ceases to be a Hindu.
- Mental Disorder – Includes unsoundness of mind, mental illness, or disorders affecting the marriage.
- Communicable Diseases and Leprosy – Grounds for divorce due to health conditions.
- Spouse not heard of – Applicable if one spouse has not been heard of for more than seven years.
- Renunciation of the world – Ground for divorce if either spouse has renounced worldly life and entered a holy order.
4. Filing a Divorce Petition
- Jurisdiction (Section 19) – The jurisdiction for filing a divorce petition is determined by factors such as the place of marriage, current residence, or the last place where the spouses lived together. We at Bakshi & Associates provide the best services for Divorce Cases in Faridabad.
- Specifics (Section 19) – The specific details for filing a divorce petition are outlined in Section 19 of the Hindu Marriage Act.
- Flexibility – The law provides flexibility for the petitioner based on certain conditions, ensuring a fair and accessible legal process.
Divorce Procedures
1. Mutual Consent Divorce
Step 1 – Drafting the Petition The parties jointly draft a detailed petition stating the reasons for seeking a divorce and outlining the terms of separation.
Step 2 – Filing the Petition The petition is submitted to the family court through respective lawyers, initiating the legal process.
Step 3 – Court Examination The Faridabad Court examines the petition and associated documents, followed by an order for recording statements on oath.
Step 4 – Cooling-Off Period A mandatory six-month cooling-off period is observed to allow for the possibility of reconciliation. During this period, parties reflect on their decision, and the court encourages mediation efforts.
Step 5 – Final Hearing If reconciliation efforts fail, both parties appear for the final hearing, which marks the conclusion of the divorce proceedings. The Faridabad Court passes a decree dissolving the marriage.
2. Contested Divorce Procedure
Step 1 – Drafting the Petition A detailed petition stating facts and grounds for seeking a divorce is prepared. This document forms the basis of the legal proceedings.
Step 2 – Court Scrutiny The court scrutinizes the petition, considering the merit of the claims and deciding whether to proceed with the case. If the court finds the claims valid, it issues a notice to the other party.
Step 3 – Mediation Attempt The court suggests mediation to resolve issues amicably. If mediation fails to yield a resolution, the court proceeds with the divorce proceedings.
Step 4 – Final Hearing On a scheduled date, both parties present their cases before the court. This involves recording statements, presenting evidence, cross-examination, and allowing witnesses if any. Counsels from both sides present their final arguments.
Step 5 – Appeals Following the court’s decision, an aggrieved party has the option to appeal within three months of the order being passed. This provides a mechanism for reviewing and challenging the decision.
3. Documents Required for Divorce
- Mutual Consent Divorce – The documentation process for mutual consent divorce includes various documents to substantiate the claims and agreements made by the parties. These include residence proof, marriage certificate, photographs, proof of unsuccessful mediation, evidence of living separately for more than one year, financial details, and details of the family background.
- Contested Divorce – In the case of contested divorce, specific documents are required to support the grounds for divorce. These may include residence proof, financial documents, marriage certificate, and any other evidence relevant to the claims made.
Types of Divorce under Other Personal Laws
1. Christian Divorce
- Mutual Divorce – Parties can file for mutual divorce if they agree that they have not been able to live together peacefully and have been living separately for at least two years. This is a consensual process.
- Contested Divorce – Alternatively, a contested divorce can be initiated before the District Court by either the husband or wife based on specific grounds. These grounds include adultery, ceasing to be Christian, unsound mind for a continuous period of not less than two years, virulent and incurable leprosy for at least two years, not being heard of for seven years or more, willful refusal to consummate the marriage, failure to comply with a decree for restitution of conjugal rights for a period of two years or more, cruelty, or criminal acts by the husband.
2. Documents Required for Christian Divorce
- Essential Documents – Documentation required for Christian divorce includes the marriage certificate, residence proof, income tax returns for at least two financial years, documents related to assets, and current employment status. These documents are crucial for establishing the legitimacy of claims and the grounds for divorce.
3. Withdrawing a Divorce Petition
- Process – The withdrawal of a divorce petition can be initiated at any time. This involves filing an application for withdrawal or personally appearing before the judge and expressing the intention to withdraw the case, providing reasons.
- Flexibility – The legal system allows parties the flexibility to reconsider their decision and withdraw the divorce petition if they mutually decide to reconcile or for other valid reasons.
Key Aspects of Divorce
1. Child Custody
- Sensitive Issue – Child custody is a critical aspect of divorce proceedings, taking into account factors such as the welfare of the child, financial conditions, a safe environment, and educational considerations.
- Types of Custody – Various types of custody, including physical custody, joint custody, legal custody, and third-party custody, are determined based on the circumstances and the best interests of the child.
- Legal Framework – The legal framework for child custody involves both personal and secular laws, with the Guardians and Wards Act, 1890, playing a significant role.
2. Maintenance/Alimony
- Financial Assistance – Maintenance or alimony involves financial support provided by one spouse to the other. It can be a lump sum or periodic payment, either temporary or permanent.
- Claim under Section 125 of Cr.P.C. – Apart from personal laws, individuals from any religion can claim maintenance under Section 125 of the Criminal Procedure Code, 1973.
- Legal Obligations – The obligation to provide maintenance exists even if the earning capacity of the spouse seeking maintenance is not sufficient for sustenance.
3. Property Division
- Legal Position – The division of property after divorce is governed by existing laws, with Section 27 of the Hindu Marriage Act empowering the court to pass orders concerning jointly owned property.
- Stridhan or Mehr – While the law is silent on separate property, in cases where property has been brought together or used jointly, the wife can claim a share.
- Judicial Decisions – Courts have, in certain instances, ruled in favor of wives, acknowledging their contributions as homemakers, even if not financial, and granting them a rightful share in the property.
4. Differences between Divorce, Judicial Separation, and Annulment
- Divorce – Marks the complete termination of the marriage, allowing both parties to remarry.
- Judicial Separation – Indicates a separation where spouses live apart but maintain marital status, preventing them from remarrying.
- Annulment – Nullifies the marriage, treating it as if it never existed. This allows parties to remarry without the stigma of a prior marriage.
Frequently Asked Questions (FAQs) about Divorce in Faridabad
1. Duration of Divorce Process in Faridabad
- Mutual Divorces – A minimum of 6 months.
- Contested Divorces – Variable, depending on the complexity of the case usually it a divorce case in Family Court Faridabad can take two to three years for final decision.
2. Cost of Divorce in Faridabad
- Varied Ranges from thousands to lakhs, influenced by factors such as legal representation, case complexity, and duration.
3. Court Fees in Faridabad
- Differential Varies for different marriage acts, such as Rs.50 for the Hindu Marriage Act, Rs.100 for the Special Marriage Act, and Rs.500 for the Parsi Marriage Act.
4. Fastest Way to Get a Divorce in Faridabad
- Mutual Consent Divorce Generally the quickest, as both parties agree to the terms.
5. Spouse Consent for Remarriage
- Strict Requirement Remarriage with or without legal divorce is considered bigamy, a criminal offense.
6. Filing for Divorce if a Spouse is Not Heard of
- Seven-Year Criterion Divorce can be sought if there has been no contact with the missing spouse for more than seven years.
Conclusion
Evaluating the complexities of divorce in India involves a comprehensive understanding of legal procedures, types, and key aspects. This detailed guide aims to empower individuals embarking on this challenging journey, providing a roadmap for the intricate process ahead. Whether pursuing mutual consent or contested divorce, understanding the legal framework and documentation requirements is crucial for a fair and just resolution.
For those seeking expert legal representation in divorce cases, we, Bakshi & Associates in Faridabad stand out as a trusted and proficient choice. With a proven track record and a commitment to delivering exceptional legal services, Bakshi & Associates excel as the best lawyers for divorce cases in Faridabad. Their expertise and dedication ensure that clients receive the guidance and support needed during the challenging process of divorce.
In case of matter pertaining to Section 9 of Hindu Marriage Act and other Family Disputes at Faridabad you can contact –
Advocate Anmol Raj Bakshi
Office – 2043/16 Faridabad – 121002, Near Jain Mandir
Also At – Chamber No.272, District & Sessions Court, Faridabad.
Mobile – +91-9873750515, 9811680103
Website – www.bakshiandassociates.com
