How to file divorce case in Lucknow

Navigating the intricate legal processes involved in filing a divorce case in Lucknow demands professional expertise and guidance. Choosing the right legal representative is pivotal in ensuring a seamless divorce filing process. In the heart of Lucknow, there are exceptional professionals adept in family law, particularly in divorce cases. From the best divorce lawyers in Lucknow to the top divorce lawyers specializing in Gomti Nagar, finding the most suitable divorce lawyer or advocate in Lucknow is critical. Let’s explore the journey of how to file a divorce case in Lucknow, accompanied by the guidance and support of the best legal practitioners specializing in family law and divorce proceedings.

 

To File Mutual Consent Divorce in Lucknow Contact Best Divorce Lawyer in Lucknow
Contact Advocate Vaibhav Anand (7318155422 on WhatsApp)

What are the types of divorce under Hindu law?

Divorce under Hindu law is classified into two types :

• Mutual divorce: Under the Hindu Marriage Act, mutual divorce is when a husband and wife both agree to peacefully separate. They need to decide things like alimony and child custody in advance. To file for mutual divorce, they must meet two conditions: both agree to it, and they have to live apart for at least a year.
• Contested Divorce: When divorce is initiated by either spouse it is termed as a Contested Divorce. Section 13 of the Hindu Marriage Act, 1955 provides the grounds for filing a contested divorce, some of which are, cruelty, conversion of religion, unsound mind, communicable disease or either spouse is unheard of more than seven-year.

What are the grounds for obtaining a contested divorce?

Under Section 13 of the Hindu Marriage Act, 1955, there are specific grounds for obtaining contested divorce:

1. Adultery: When a spouse engages in sexual relations outside the marriage, it’s considered adultery.
2. Cruelty: Any willful act causing mental or physical pain, danger to life, or limb is termed as cruelty.
3. Desertion: When a spouse abandons the other without intending to return, it can be considered as desertion, valid after two years.
4. Religion Conversion: If a Hindu spouse ceases to be a Hindu, it’s grounds for divorce.
5. Mental Disorder: Any severe mental illness or disorder causing abnormal behavior.
6. Communicable Diseases and Leprosy: Leprosy, a contagious disease leading to skin lesions and nerve damage, is grounds for divorce.
7. Spouse Not Heard Of: If a spouse is untraceable for more than seven years, it’s a ground for divorce.
8. Renunciation of the World: If a spouse has renounced worldly life and entered a holy order, it’s a valid ground for divorce under Hindu Law.

 

Wives have three specific grounds for divorce:

• If the husband has committed rape, sodomy, or bestiality.
• If the wife was married before she turned fifteen.
• If a court ordered the husband to pay maintenance to the wife and they haven’t lived together for over a year.

Adultery is not an offence!

Adultery in India is no longer deemed a criminal offense following a ruling by the Supreme Court. The court’s decision stemmed from the belief that penalizing a spouse and their partner doesn’t remedy a broken marriage, thus eliminating the punitive measures associated with adultery. Although it can still serve as grounds for divorce when one partner engages in an extramarital affair, it no longer carries criminal consequences for either party involved.

This landmark decision was intended to preserve individuals’ freedom to select their partners when dissolving marriages. It reflects a broader societal trend of increasing acceptance of personal relationship choices. Additionally, it signifies a legal system that prioritizes safeguarding individual rights over conventional family values.

 

What is the concept of ‘irretrievable breakdown of marriage’?

The “irretrievable breakdown of marriage” means the point where a couple can’t live happily together anymore. It’s like a situation where the marriage can’t be fixed. Things like no affection between the couple, living separately, or constant fights could lead to this. There’s no specific law for this reason for divorce. Unlike mutual consent divorce, it’s not just about what the couple wants, but the court decides based on the facts whether the marriage can be saved or not. 

 

Irretrievable Breakdown of Marriage, A Valid Ground for Divorce

“When a marriage seems beyond repair, divorce can be based on the irretrievable breakdown of the relationship. This occurs when spouses live separately due to unresolved problems. Both partners usually must agree to the separation for it to be a reason for divorce.

For a divorce on these grounds, the court must see if there are genuine reasons for the split. Evidence of irreconcilable differences or one or both partners’ unwillingness to stay together is necessary. If all legal conditions are met, and no other solutions are possible, the court approves the separation. The Supreme Court case of Sangamitra Ghose Vs Kajal kumar Ghose was crucial in acknowledging the irretrievable breakdown as a valid reason for divorce. This decision reflects the belief that forcing people to remain in unhappy marriages can violate their rights to dignity and peace.”

 

Can a live-in relationship claim maintenance?

Nowadays, the law treats live-in relationships much like marriages, especially when it comes to supporting women. A court decision from 1955 paved the way for women in live-in relationships to receive the same rights as married or separated women. This means that women in such relationships can seek maintenance under Section 125 of the Criminal Procedure Code (CRPC), marking a positive move toward gender equality.

Under the Hindu Marriage Act, various rights initially meant for married couples now apply to couples in live-in relationships. These rights encompass issues like inheritance, guardianship, and custody. It’s important to know that just living together without getting married doesn’t create a legal bond. However, both partners have equal protection against domestic violence.

Moreover, women in live-in relationships hold the right to request financial support from their partners under this Act. This can happen if they can prove abandonment or desertion due to a disagreement on marriage within the first two years of the relationship. To do so, they need to file an application before the Magistrate under Section 125 of the CRPC.

Where is the petition of divorce to be filed?

According to Section 19 of the Hindu Marriage Act, 1955, the divorce petition can be filed in a District Court under certain circumstances:

• Where the marriage took place.
• Where the respondent lives at the time of filing
• Where the couple last lived together for a significant period, not just a short visit.
• If the petitioner is a wife, she can file the petition where she currently resides.
• If the respondent is living outside the territories covered by the law or has not been heard from for at least seven years, then the petitioner can file at their own place of residence.

What is the procedure for mutual consent divorce in India?

What is the procedure for a Contested Divorce in India?

The steps for a Contested Divorce in India are as follows:

1. Drafting the petition: One spouse prepares a petition stating the reasons and facts for seeking a divorce. This is submitted, along with necessary documents, to a family court having jurisdiction.
2. Summon Stage: If the court finds the petition valid, it sends a notice to the other party to appear on a decided date along with their lawyer.
3. Mediation: The court suggests mediation. If mediation fails, the divorce proceedings continue.
4. Court appearance: Both parties appear before the court on a set date. They give their statements, submit evidence, get cross-examined, and present any witnesses. The lawyers provide final arguments.
5. Verdict: The court, on a specific date, delivers the verdict and passes a divorce decree. An aggrieved party can appeal the order within three months from the date of the order.

What are the documents required for a Contested Divorce in India?

Documents required for a Contested Divorce in India are:

• Residence proof of husband and wife
• Documents related to the financial status of husband and wife like income certificate, tax returns, etc.
• Marriage certificate
• Documents proving the ground on which divorce is being filed.

What are the grounds and procedures for a divorce under the Muslim Law in India?

In Indian Muslim Law, divorce can be sought through two distinct approaches.

1. Judicial Process under The Dissolution of Muslim Marriages Act, 1939: This legal process outlines the grounds upon which Muslim women can seek a divorce in India. These grounds include situations where:
   1. The husband’s whereabouts have been unknown for at least four years.
   2. The husband failed to provide maintenance for at least two years.
   3. The husband has been sentenced to imprisonment for a minimum of seven years.
   4. The husband failed to fulfill his marital obligations for at least three years without reasonable cause.
   5. The husband was impotent at the time of marriage, suffered from venereal diseases, or was of unsound mind for a minimum of two years.
   6. The husband treated his wife with cruelty or was married before the age of fifteen.
2. Extra-Judicial Process: Under this, various forms of divorce initiated by either the husband or the wife are recognized. These include:
   
   • Divorce by the husband:
     1. Talaq-e-Sunnat: This involves Talaq-i-ahasan, pronounced once during a period known as tuhr, revocable during the iddat period. Talaq-i-hasan involves three pronouncements during successive tuhrs without any sexual intercourse in between.
     2. Ila occurs when the husband takes an oath of no sexual contact for four months, after which the marriage dissolves.
     3. Zihar, wherein the husband compares his wife to a prohibited female relative.
   • Divorce by the wife:
     1. Talaq-i-Tafweez, allowing the husband to delegate divorce authority either permanently or temporarily.
     2. Lian is an option if the wife has been falsely accused of adultery.
   • Mutual Consent Divorce:
     1. Khula, allowing the wife to provide compensation to her husband for dissolving the marriage.
     2. Mubarat is mutual consent where both parties seek a divorce and is irrevocable once accepted by the other party.

 

Is triple talaq a valid form of divorce?

Under Section 3 of The Muslim Women (Protection of Rights on Marriage) Act, 2019, the practice of Triple Talaq, also known as Talaq-e-Biddat, has been deemed invalid and unlawful. As per Section 2(c) of the same act, any form of Triple Talaq, whether spoken, written, or communicated electronically, is considered illegal. This action is classified as a serious offense, deemed illegal, cognizable, and non-bailable under this law. 

What are the documents required for a divorce under the Muslim Law in India?

Following are the documents required for a divorce under the Muslim Law in India:

• Nikahnama
• Residence Proof of husband and wife
• Income tax returns of at least two financial years
• Documents relating to assets owned 
• Evidence relating to allegations made like medical reports in cases of cruelty or venerable diseases.

What are the grounds and procedures for a Christian Divorce in India?

Under Section 10A of the Indian Divorce Act, 1869, there are two avenues for obtaining a Christian divorce in India:

1. Mutual Divorce: When both parties agree that they can no longer live together harmoniously and have stayed separated for a minimum of two years, they can jointly file a petition for the dissolution of their marriage before the district court.
2. Contested Divorce: Either the husband or wife can file a petition in the District Court based on certain grounds, including adultery, either party ceasing to be Christian, continuous unsound mind for a period of at least two years, suffering from an incurable and virulent form of 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 the restitution of conjugal rights for two years or more, desertion for a minimum of two years, and cruelty, or if the husband is guilty of rape, sodomy, or bestiality.

What are the documents required for a Christian Divorce in India?

Following are the documents required for a Christian Divorce in India:

• Marriage Certificate 
• Residence Proof of husband and wife
• Income tax returns of at least two financial years
• Documents relating to assets owned 
• Current employment status and salary

What are the grounds and procedures for divorce under the Parsi Law in India?

The Parsi Marriage and Divorce Act of 1936 outline the provisions for annulment, dissolution, or divorce.

• Section 30: If natural circumstances exist that make consummating the marriage impossible, either party can nullify the marriage.
• Section 31: If a spouse has not been heard of for more than seven years by those who should have known of their whereabouts, the marriage can be dissolved.
• Section 32: Specifies grounds for seeking divorce.
  • Willful refusal to consummate the marriage within one year of the ceremony.
  • Marriage contracted under the misbelief that the other party was of unsound mind.
  • Wife pregnant by another person, unknown to the husband, provided there’s been no marital intercourse within two years of marriage.
  • Cruelty, forced prostitution, bigamy, rape, unnatural acts, adultery, or venereal disease within two years.
  • Imprisonment of more than seven years and one year served.
  • Desertion or change of religion for more than two years.
  • Section 32B allows divorce by mutual consent unless obtained through force or fraud.

Parsis can only seek divorce through Special Courts created under Sections 19 and 20 of the Parsi Marriage and Divorce Act, 1936. These courts, led by Parsi officials known as delegates, handle divorce cases, and it’s mandatory to register the divorce with the registrar office.

What are the documents required for a divorce under the Parsi Law in India?

Following are the documents required for a divorce under the Parsi Law in India:

• Photographs
• Address proof of both the parties
• Income Tax returns
• Marriage certificate issued by the registrar 
• Financial statements
• Details relating to movable and immovable properties owned by the parties

 

Can a filed Divorce Petition be withdrawn? 

Yes, if you change your mind about getting divorced, you can stop the process. You just need to tell the judge or submit a request to withdraw your divorce case. This way, you can stop the divorce proceedings.

What are some important aspects of divorce?

A divorce settlement often leads to one or all of the following –

Certainly, post-marital issues often involve various aspects such as child custody, maintenance or alimony, and property division. Let’s break them down:

1. Child Custody: After a divorce, the sensitive issue of child custody arises. The courts consider the welfare of the children, financial capabilities, living conditions, and educational provisions before granting custody. It comes in various forms:
   1. Physical Custody: The child resides with one parent, while the other has visitation rights. This arrangement ensures a safe and nurturing environment for the child.
   2. Joint Custody: Children live with both parents, sharing time between them, which is decided by either the court or the parents themselves.
   3. Legal Custody: The parent with legal custody makes decisions on behalf of the child. Normally, both parents share legal custody, unless there is a potential conflict.
   4. Third-Party Custody: If neither parent is fit to care for the child, the court can assign a third party as a guardian.
2. Maintenance/Alimony: Alimony or maintenance involves financial support provided by one spouse to the other. It can be a one-time lump sum or regular payments, either permanent or temporary. Section 125 of Cr.P.C. 1973 enables any person from any religion to seek maintenance. The husband is obliged to provide financial support even if the wife earns, particularly if her income isn’t sufficient for sustenance.
3. Property Division: Divorce laws often leave the wife without rights over the husband’s property, but recent legal attempts aim to change this. Under Section 27 of the Hindu Marriage Act, property jointly owned by both spouses is subject to court orders. When properties are shared or used by both parties, the wife can claim her rightful share. Even if the wife hasn’t financially contributed, her role as a homemaker is acknowledged, granting her a claim over the property.
   
   Notably, if a husband registers a property under the wife’s name, the court acknowledges the wife as the titleholder, enabling her to claim her share in the property. If the property is stridhan or mehr, the husband is obligated to return it upon the wife’s request, as she is the exclusive owner.

 

How are property matters settled?

Property matters in family law are often intertwined with divorce, paternity disputes, and child custody concerns. In India, child custody is primarily governed by the Guardians and Wardens Act, 1890. The custody arrangements generally fall into three categories: sole or exclusive custody (one parent has full custody), shared or joint custody (both parents share custody), or third-party custody (neither parent holds complete custody rights). When children are below 5 years old, the mother typically receives custody in most cases. According to the Muslim Women (Protection of Rights on Divorce) Act 1986, boys under 2 years are usually granted to their mothers, while daughters remain with their mothers regardless of age. These custody laws are pivotal in property-related issues such as divorce settlements and debt settlements since they significantly impact court determinations. The care arrangements for children bear substantial importance in these legal proceedings.

 

What are the differences between divorce, judicial separation, and annulment of marriage?

Divorce marks the final termination of a marriage. After obtaining a divorce, both parties are free to remarry. In the case of judicial separation, although the couple lives separately, they maintain the legal status of husband and wife and are not permitted to remarry. Annulment, however, nullifies the marriage, as if it never existed in the first place.

 

Why do you need a lawyer to file your Divorce petition?

When pursuing divorce proceedings, it’s crucial to engage a proficient lawyer, particularly one specializing in divorce cases. Seek guidance from an experienced and proficient divorce lawyer in Lucknow to navigate the divorce process smoothly. For the best divorce lawyer in Lucknow, consult with Advocate Vaibhav Anand, who offers free legal advice. It’s wise to have a seasoned lawyer provide insights tailored to your unique situation, even if you plan to represent yourself. You can benefit from hassle-free mutual divorce services in Lucknow by engaging Advocate Vaibhav Anand, ensuring a seamless process from consultation to obtaining the Divorce Decree from the Court. For those specifically in Gomti Nagar, Lucknow, consult with the top-tier divorce lawyer in Gomti Nagar for expert guidance and representation.

 

To File Mutual Consent Divorce in Lucknow Contact Best Divorce Lawyer in Lucknow

Contact Advocate Vaibhav Anand (7318155422 on WhatsApp)

Frequently Asked Questions

Q. How long does it take to get a divorce in India?

A. It takes a minimum of six months in case of mutual divorces. But in cases of a contested divorce, it depends on a lot of factors and can take more than two years. 

 

Q. How much does a divorce cost in India? 

A. The total cost of divorce could be anywhere from thousands of rupees to lakhs depending on the lawyer you hire. However, the minimum charge in cities like Delhi could be anywhere from Rs.25000 to Rs 30,000.

 

Q. How much is the court fee for a divorce?

A. For filing fresh suit for divorce under the Hindu Marriage act is Rs.50 and under Special Marriage Act is Rs.100. Where the filing of a complaint or appeal under the Parsi Marriage Act is Rs. 500. And if filing a civil suit or petition under Section 125 of Crpc you need to pay a court fee of Rs.50

 

Q. What is the fastest way to get a divorce in India?

A. The fastest way to get a divorce is to file for Mutual Consent Divorce where both the parties agree and are in favor of divorce.

 

Q. Can the spouse consent for remarriage without getting a divorce from an existing partner?

A. No, it will be termed as bigamy and shall amount to an offence under Section 17 of the Hindu Marriage Act and Section 494 of Indian Penal Code.

 

Q. If either of the spouses is not heard for a long time, should the divorce be applied?

A. A spouse can file for divorce if he/she or anyone who would have generally known, haven’t heard from either spouse for more than seven years.

 

Q. When can the divorced persons remarry?

A. In case of mutual consent divorce, there is no time bar on remarrying. However, in case contested divorce, 90 days time frame is provided to parties to file an appeal. If there is no appeal, then the person can remarry.

 

Q. What Happens When the Married Couples Are Living Separately for Many Years?

A. When marries couples are living separately for many years, it constitutes a valid ground to seek divorce. Also, either party can file for restitution of conjugal rights, wherein, the court will order the respondent to live with the applicant.

 

Q. What Happens When Consent To Divorce is Obtained by Force, Fraud or Undue Influence?

A. The law is very clear, that when parties file for divorce through mutual consent, it should be free from any force, fraud or undue influence; otherwise, the court cannot make an order or pass a decree. In case, if either party feels that decree as been passed when consent was not obtained lawfully, an appeal can be made.

 

Q. Is the Statutory Cooling Off Period of 6 Months Mandatory?

A. The six months cooling period is provided so that if there is any hope for reconciliation so that the divorce could be avoided. However, the Supreme Court has observed in cases where parties have mutually consented for divorce, this cooling period can be waived off. To quote, the Court observed, “The waiting period will only prolong their agony, and application for waiver of the waiting period can be filed in court within a week of their first motion for separation”.