Steps Involved In A Contested Divorce In India
STEP-I: The divorce petition containing the facts of the case, the grounds of divorce, and all parties’ personal details is filed before the Family Courts under the law.
Before filing a petition for divorce before a Family Court, it should be checked for the case facts, i.e. the reason or ground on which the divorce is asked for, correct details of both the parties such as name, address, age, date of birth, etc.
STEP-II: The Family Court scrutinizes the divorce petition and issues notice on the divorce petition to the other party against whom the divorce petition has been filed.
The petition is then filed at the Family Court filing counter, which verifies the contents of the petition. Subsequently, it is sent to the court with jurisdiction, which issues notice to the party against whom the divorce petition is filed.
STEP-III: The parties to the divorce proceedings are directed to appear before the court for reconciliation in all of the cases at Delhi, and efforts by the court are made to reconcile them at first.
Both parties are then directed by the court to appear for reconciliation in the cases they have amongst them in Delhi. The court then makes an effort to reconcile them.
STEP-IV: The reconciliation proceedings conducted by the Family Court are either successful or the matter is settled. If the reconciliation proceedings fail, then the Family Court will proceed.
If the reconciliation effort put in by the court is successful, the matter will stand settled. But if the reconciliation fails, the court proceeds further with the matter and directs the opposite party to file a written statement with all defences to the case.
STEP-V: The Family Court directs the opposite party to file a written statement to the divorce petition and take all his defences.
Converged in above point.
STEP-VI: The petitioner is directed to file his rebuttal/rejoinder to the written statement filed by the opposite party. The court decides the application for interim maintenance, etc., at this case stage.
After the written statement is filed in court, the court requests a retort from the petitioner. The court then proceeds further to decide on interim maintenance and other applications.
STEP-VII: The court frames the issues for adjudication, and the matter is posted for evidence of the parties.
After completion of step VI, the issues are framed for adjudication, and evidence from the parties is called for.
STEP-VIII: The petitioner is directed to lead its evidence by filing the relevant documents and summoning all its witnesses.
Relevant documents, papers, etc., are filed, and all witnesses are summoned upon the court directing the petitioner to lead its evidence.
STEP-IX: The respondent is asked to lead its evidence by way of a fling of the relevant documents and papers and by summoning all its witnesses.
It is then the turn of the respondent to lead its evidence just as the petitioner does.
STEP-X: The final arguments are held, and the court decides.
After both sides have led the evidence, the court holds final arguments and decides.
STEP-XI: The court passes the divorce decree or rejects the matter based on all the facts, evidence, and law. Either the divorce is granted in favour of the applicant, or the court rejects it after discussing all the facts, legal grounds, and other related material.
Decree of Divorce is granted, or the matter is denied based on all the facts, evidence and law.
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