Form for Divorce in Agra

In Agra, divorce can be obtained based on grounds applicable under Indian personal laws. For contested divorces, common grounds include cruelty, adultery, desertion (for at least two years), conversion to another religion, incurable mental disorder, virulent and incurable leprosy, venereal disease in a communicable form, renunciation of the world, or if a spouse has not been heard of as being alive for seven years or more. For a mutual consent divorce, the ground is that both spouses agree they cannot live together and have been living separately for at least one year.

There are primarily two types of divorce in Agra:

• Mutual Consent Divorce: Both spouses mutually agree to end the marriage and file a joint petition.
• Contested Divorce: One spouse files for divorce based on specific fault grounds (like cruelty or adultery), and the other spouse may or may not contest it.

The general steps for a mutual consent divorce in Agra include: 

* Filing a Joint Petition: Both spouses file a joint petition before the Family Court in Agra, stating their inability to live together and mutual agreement to dissolve the marriage. They must have been living separately for at least one year. 

* First Motion: Both parties appear in court, and their statements are recorded after the court examines the petition and documents. 

* Cooling-Off Period: A statutory six-month “cooling-off” period is given. This can sometimes be waived by the court if parties have been separated for a longer duration (e.g., over 18 months) and have settled all their issues. 

* Second Motion: After the cooling-off period (or if waived), parties reappear to confirm their mutual consent for the divorce. 

* Divorce Decree: If the court is satisfied, it grants a decree of divorce.

• Mutual Consent Divorce: Usually takes between 6 months to a year, including the mandatory six-month cooling-off period. If the cooling-off period is waived, it can be faster.
• Contested Divorce: Can take significantly longer, generally ranging from 1 to 3 years, or even more, depending on the case’s complexity and disputes involved.

Child custody in Agra is decided by the Family Court based on the “best interest and welfare of the child.” The court considers factors like the child’s age, the financial stability of each parent, their ability to provide a safe and nurturing environment, and the child’s preference (if old enough to form an intelligent preference). Custody can be sole, joint, or physical custody with visitation rights.

Either spouse can claim alimony or maintenance in Agra. The court decides the amount based on factors such as the income and assets of both spouses, their financial needs, liabilities, the standard of living during the marriage, and the duration of the marriage. It can be a lump-sum payment or periodic (e.g., monthly) payments. The Supreme Court has set a general benchmark of 25% of the husband’s net salary for monthly maintenance in some cases.

Common documents include:

* Marriage certificate or proof of marriage. 

* Address proof of both spouses. 

* Identity proof of both spouses. 

* Four photographs of the marriage. 

* Proof of living separately for at least one year (for mutual consent). 

* Income tax statements for the last three years (especially if alimony is involved). 

* Details of property and assets owned. 

* Any other documents supporting the grounds for divorce or terms of settlement.

While technically not mandatory for a mutual consent divorce, it is highly recommended to hire an experienced divorce lawyer in Agra. Divorce involves complex legal procedures, drafting petitions, and understanding rights and obligations regarding alimony, child custody, and property division. A lawyer ensures your interests are protected and navigates the legal system effectively.

The cost of a divorce in Agra varies widely based on whether it is a mutual or contested divorce, the complexity of issues (like child custody or property disputes), and the lawyer’s experience and fees. Lawyer fees can include a retainer, per-hearing charges, or a comprehensive fee for the entire case. General estimates in India suggest retainer fees can range from ₹20,000 to ₹50,000, and complete case fees from ₹50,000 to ₹2,00,000 or more, excluding court fees and other miscellaneous expenses.

Divorce petitions in Agra should be filed in the Family Court located within the jurisdiction of the District Court of Agra. The jurisdiction is determined by factors such as where the marriage was solemnised, where the couple last resided together as husband and wife, or where the respondent (the spouse against whom the case is filed) currently resides.