If you are standing on the brink of divorce, one of the most exhausting steps is to draft the divorce petition. You might feel you had the acumen to do all the drafting yourself. A piece of cake may it seem at the start, a single misstep can put you in hot water. A complete divorce petition ensures accurate representations of settlements of agreements. Petitioner or complainant is the one who files a divorce. At Divorce Lawyer Delhi we collect do all the necessary paperwork. Our lawyers collect and organize necessary details for drafting an effective and robust divorce petition to have the desired results in the end.
An Overview Of The Details Required For Drafting A Divorce Petition
- Fill in the details like names and postal address of your spouse.
- Accurate marriage date and place is required to make the petition effective.
- You need to give details of any children you have out of the wedlock.
- Details of the place where you lived with your spouse before filing for a divorce.
- You will be asked to provide valid reasons for filing the divorce. It includes any recent dispute between the couple.
- Fee for filing the petition.
- The petition includes complex details such as alimony amount and child custody support.
How To Draft a Divorce Petition
Fruitful ending of a divorce case is based on the solid foundation of a divorce petition. It is vital that you have filled in all the requisite details in the petition. If the court finds a piece of information incorrect, a fraudulent case may be initiated against the petitioner. Here is a breakdown of important points to remember while drafting a petition.
- It starts with the court name in which you are seeking to file the petition. Write it down clearly.
- You are required to put in relevant sections of the law like Divorce Under Section 13 of Hindu Marriage Act, 1956 if you are seeking to file a divorce petition on the basis of brutality in marriage.
Other details include date and year of filing the petition and key arguments to invigorate your case before the honorable court.
Contact A Lawyer At Divorce Lawyer Delhi For Drafting A Divorce Petition
Divorce cases are half won if your petition is very well-drafted. Our lawyers are skillful in drafting the divorce petition. They treat every petition individually and carefully.
These are the documents required to file a Contested Divorce Petition in India:
- Certificate of residence for husband and wife
- Documents that describe the financial situation of husband and wife, such as income certificates, tax returns, and so on.
- Original marriage certificate
- There is evidence to support the conclusion that mediation failed and that parties could not be reconciled.
- Documents proving the grounds for divorce.
Present yourself before the learned family court to have your presence notified. Your case title will appear according to the cause list serial number. You must submit a written statement on the hearing date if you have received the petition and rhe rc/ summons. It should clearly state that you are available to defend your case in person. It is important to note that any adverse decree passed by the learned family court cannot be argued that you do not know the specific law or how to proceed.
Yes, a husband may file a Supreme Court transfer petition to transfer a matrimonial issue from one high Court or one civil court.
The Civil Procedure Code Section 25 contains all relevant provisions.
In general, a petition for a transfer relating to a matrimonial dispute shall take into account the convenience of the wife.
The following steps are required for mutual consent divorce:
STEP 1. First Motion is a joint filing of a divorce petition.
STEP 2Husband and wife appear in court to record statements following the filing of a petition.
STEP 3: Court examines petition, documents, tries reconciliation, records statements.
STEP 4 Court issues an order regarding the First Motion.
STEP 5. A six-month cooling-off period is granted by the court to the couple to reconsider their decision.
STEP 6 Second Motion must be filed within 18 months from the First Motion.
STEP 7 Decree for Divorce passed