DIVORCE PROCEDURE IN INDIA
The marriage performed in India as per any caste customs, is recognized as a valid marriage. If the couple agreeing for mutual consent divorce, it may take a minimum period of six months. Any of the spouse is absent during summons, an alternate service of summons will be done so that the case can be decided exparte, within three to four months. Alimony is not granted by court in mutual divorce and mutual consent is not challengeable. But duration in case of a Contested Divorce ranges between 2 to 4 years. The divorce procedures in India are tremendously challenging both emotionally and financially.
The judicial system has a vested interest in protecting the institution of marriage.
For this exact reason, Indian family courts demand reasons like cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind, Impotency, Adultery etc. for Grounds of Divorce which can be uniquely called ‘Matrimonial Offences'. The divorce process formally starts when a spouse files a petition for divorce via a lawyer and a divorce notice is sent out to the other party. In Contested Divorce Petition, the courts typically would send the couple to counseling or a mediation service and impose a waiting period. This might lead to re-unification or an amicable split/divorce. Divorce case can be filed where marriage has taken place, where they started living soon after the marriage and prior to separation where the respondent was residing etc. Wife can also file a case from the place where she is living after leaving the matrimonial home. The main issue in a contested divorce is custody of children. There is no fixed formula as to who would be entitled to have the custody of children. In deciding issue of custody of children, the most important factor is the welfare of the children which is the paramount consideration in deciding this issue.
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