Divorce procedure in India

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Divorce Procedure India Divorce Steps India

• www.pathlegal.in

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About Divorce

• 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.

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• 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.

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• 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'.

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• 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.

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• Divorce Steps in India cab be started 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.
  

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• 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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http//www.pathlegal.in/legal_services/divorce/div
orceprocedureinindia.php You can get more
details about related divorce procedures in India
in the above mentioned link.  
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