Legal Divorce Procedure in India
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Legal Divorce Procedure in India Legal divorce in India is governed by the Hindu Marriage Act, 1955, the Special Marriage Act, 1954 and the Indian Divorce Act, 1869, depending on the religion of the couple seeking divorce. The process of getting a divorce in India usually involves the following steps: Filing a Petition: A party must file a petition in the appropriate family court. The petition should state the reason for seeking divorce such as cruelty, desertion, adultery or breakdown of marriage. Service of notice: The court then issues a notice to the other party and they must reply within a specified period. If they fail to do so, the court may proceed with the case ex parte. Counselling: In some cases, the court may refer the parties to counseling to explore the possibility of reconciliation. Evidence: Both parties have to present evidence to support their case and the court will examine witnesses if necessary. Divor...