Kerala - File for Divorce

ProcedureEdit

Apply In-Person

To file for Divorce, the applicant has to approach the High Court in Kerala – link
The applicant has to hire with lawyer and give all the details to the respective lawyer.
The lawyer files the petition in the family court by both the spouses on the ground stating that they have not been able to live together and have mutually agreed to dissolve the marriage or they have been living separately for a period of one year or more.
Both the spouse needs to sign in the file, if any certificate is asked. The applicant has to submit.
Both the parties will have to appear before the family court after the filing of the petition.
The parties would present their respective counsels/lawyers.
The court will observe and verify the petition along with the documents submitted in the court.
The court may even attempt to bring reconciliation between the spouses and the further details will be intimate in the court.
After the petition is scrutinized by the court and it satisfies, it may order the party's statements to be recorded on oath.
Once the first visit gets over and the spouse details gets recorded.
After this, a six months’ period is given to both the parties to a divorce, before they can file for the second visit.
- NOTE: The maximum period to file for a second visit is 18 months from the date of presentation of family court.
The applicant has to visit the court on their court hearing date.
And the further process will be done in court to decree of divorce.
The processing time for this procedure will be differ.
The fee for this procedure has to be paid as per the authority’s request.

Required DocumentsEdit

Income Tax statements for the past 3 years
Details of your profession and your present remuneration
Personal information (birth, family members etc.)
Asset ownership details
Address proof of husband
Address proof of wife
Marriage certificate
Four passport size photographs of marriage of husband and wife
Evidence proving spouses are living separately since more than a year
Aadhaar card
Evidence relating to the failed attempts of reconciliation
Information relating to family background
Submitting copies of outrageous acts like putting up advertisements in newspapers, if any.

Office Locations & ContactsEdit

High Court of Kerala
Ernakulam- 682031
Ph:0484-2393901,0484-2393902,
0484-2393903,0484-2393904,
0484-2393905,0484-2393906
Fax: 0484-2391720, 0484-2562451
email: [email protected]

Link for contact details : link

EligibilityEdit

Married couples are eligible to apply for divorce.

FeesEdit

Government fees for filing Divorce can be paid as per the court fee for the category as advised by the court clerks / lawyers.
A Lawyer’s fee depends upon his experience.
A lawyer’s fee depend on the financial status of the party fighting the case.

ValidityEdit

Validity is proved once the court grants divorce.
The marriage is dissolved and the need of the process is accomplished.

Documents to UseEdit

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Sample DocumentsEdit

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Processing TimeEdit

Processing time for grant of Divorce varies with case to case from months to years.

InstructionsEdit

The marriage performed in India as per any caste customs, is recognised 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 challenged. But duration in case of a Contested Divorce, ranges between 2 to 4 years. The divorce process in India is 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 counselling 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.

Types of DivorceEdit

Mutual Consent - Both the spouses are in agreement that divorce cannot be avoided and they both opt for a "no fault" divorce.
Contested Divorce - The spouse seeking divorce can file under the appropirate faith based law under which they got married or in case of civil marriage under the appropirate law under which they married or their marriage was registered.

Governing LawsEdit

Hindus - The Hindu Marriage Act, 1955
Christians - The Divorce Act,1869, The Indian Christian Marriage Act,1872
Parsis - The Parsi Marriage and Divorce Act,1936
Muslims - Shariat Law, The Dissolution of Muslim Marriage Act,1939
Inter-cast/Secular - Special Marriage Act, 1954, The Foreign Marriage Act,1969

Major Grounds for DivorceEdit

Adultery
Deserting the spouse for two or more years
Physical or mental cruelty
Conversion to another religion in case of religious marriage
Incurable disease such as leprosy, venereal disease in a communicable form
Insanity, unsound mind or mental disorder
Renounced the world by entering any religious order in case of religious marriage
Unheard of as being living for a period of seven years or more

Required InformationEdit

A list which displays the kind of information which is required to complete the procedure.
e.g.
1. Date of Birth.
2. City or County of Birth.

Need for the DocumentEdit

Divorce proceedings in India could take anywhere between a few months to a few years depending on the circumstances of the divorce. Divorce laws are faith based - the procedure for a Hindu, Parsi, Muslim and Christian differ. Judicial Separation is an alternative to divorce.

Information which might helpEdit

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External LinksEdit

Indi Divorce

NotesEdit

Place of filing divorce petition can be the place of marriage, where the respondent resides or works or where the parties to the marriage last resided together.
Appeal against said order can be filed before the high court concerned. If no appeal is preferred by the aggrieved party within one month from the date of final order granting divorce, he/she can remarry.

OthersEdit

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