Form for Divorce in Faridabad

There are primarily two types of divorce petitions that can be filed in the Family Court in Faridabad:

• Mutual Consent Divorce: This is a more amicable and quicker process where both spouses mutually agree to separate.

• Contested Divorce: This occurs when one spouse seeks a divorce, but the other does not agree to it, or they cannot agree on the terms of the separation such as alimony, child custody, or property division.

In Faridabad, a contested divorce can be filed based on several grounds, which are primarily governed by personal laws like the Hindu Marriage Act, 1955. Common grounds include:

• Cruelty: This can be both physical and mental.

• Adultery: If a spouse has voluntary sexual intercourse with someone else after marriage.

• Desertion: If one spouse has abandoned the other for a continuous period of at least two years.

• Conversion: If a spouse converts to another religion.

• Unsoundness of mind: If a spouse is suffering from a continuous or intermittent mental disorder of such a kind and to such an extent that it is unreasonable to expect the petitioner to live with them.

• Presumption of death: If a spouse has not been heard of as being alive for a period of seven years or more.

The procedure for a mutual consent divorce typically involves the following steps:

1. Filing a Joint Petition: A joint petition is filed by both spouses in the Family Court, Faridabad. This petition states that they have been living separately for at least one year and have mutually agreed to dissolve the marriage.
2. First Motion: Both parties appear before the court to record their statements.
3. Cooling-off Period: The court usually grants a six-month “cooling-off” period for the couple to reconsider their decision.
4. Second Motion: If the couple still wishes to proceed with the divorce after the cooling-off period, they appear before the court for the second motion.
5. Decree of Divorce: Upon being satisfied that the consent is voluntary, the court passes a decree of divorce.

The duration of a divorce in Faridabad largely depends on the type of divorce:

• Mutual Consent Divorce: This is the fastest route, typically taking anywhere from six months to a little over a year to be finalised.
• Contested Divorce: This process is significantly longer and can take several years to conclude, depending on the complexity of the case, the evidence presented, and the court’s schedule.

Divorce petitions in Faridabad are filed at the Family Court, District Courts, Sector 12, Faridabad, Haryana.

The paramount consideration for the court when deciding child custody is the

• welfare of the child. The court may grant:
• Sole Custody: One parent is given the primary physical custody and responsibility for the child.
• Joint Custody: Both parents share the legal and/or physical custody of the child.
• Third-Party Custody: In rare cases, custody may be granted to a third party if neither parent is deemed fit.

The financial stability, lifestyle, and parenting capabilities of each parent are taken into account.

The court can order one spouse to pay maintenance to the other. This can be:

• Interim Maintenance: A monthly amount paid during the divorce proceedings.
• Permanent Alimony: A lump-sum amount or periodic payments after the divorce is finalised.

The amount of maintenance is determined based on the income, assets, and liabilities of both spouses.

The division of property in a divorce in Faridabad depends on several factors, including whether the property is ancestral or self-acquired, and the financial contributions of each spouse towards the acquisition of the property. There is no fixed formula, and the court decides on a case-by-case basis to ensure an equitable distribution.

A wife generally does not have a direct claim on her husband’s ancestral property. However, she may have a right to residence in the matrimonial home. The laws surrounding this can be complex and are subject to judicial interpretation.

While it is technically possible to represent yourself, it is highly advisable to hire an experienced divorce lawyer. The legal procedures, documentation, and arguments can be intricate. A lawyer can ensure your rights are protected and guide you through the complexities of the legal system in Faridabad, leading to a more favourable and less stressful outcome.