Form for Divorce in Kochi

In Kochi, like the rest of India, there are two primary ways to obtain a divorce:

• Mutual Consent Divorce: This is the most amicable and fastest route. It’s filed when both spouses agree to separate and have already settled matters like alimony, child custody, and property division.
• Contested Divorce: This is filed when one spouse wants a divorce, but the other does not, or when they cannot agree on the terms of the separation. This process is generally longer and more adversarial.

A contested divorce can be filed on several grounds as specified under Indian personal laws (like the Hindu Marriage Act, 1955). The most common grounds include:

• Cruelty: This can be either physical or mental cruelty that makes it unbearable for the petitioner to live with their spouse.
• Adultery: If a spouse has engaged in voluntary sexual intercourse with another person after marriage.
• Desertion: When one spouse has abandoned the other without reasonable cause for a continuous period of at least two years.
• Conversion: If a spouse has converted to another religion.
• Unsoundness of Mind: If a spouse suffers from a mental disorder of such a nature that the petitioner cannot reasonably be expected to live with them.
• Presumption of Death: If a spouse has not been heard of as being alive for at least seven years.

Divorce petitions in Kochi must be filed at the Family Court in Ernakulam. The jurisdiction is determined by factors such as where the marriage was solemnised, where the couple last resided together, or where the respondent currently resides.

The process for a mutual consent divorce involves these key steps:

1. Filing a Joint Petition: Both spouses file a joint petition before the Family Court. This petition must state that they have been living separately for at least one year and have mutually agreed to dissolve the marriage.
2. First Motion: The court records the statements of both parties.
3. Cooling-Off Period: A mandatory waiting period of six months is given for the couple to reconsider their decision.
4. Second Motion: After the six-month period, both parties must reappear in court to confirm their consent.
5. Decree of Divorce: If the court is satisfied that the consent is genuine and not obtained by force or fraud, it will pass a decree of divorce.

• Mutual Consent Divorce: This process is relatively quick and is often concluded within 6 to 18 months.
• Contested Divorce: This can be a lengthy process, often taking several years to resolve, depending on the complexity of the case, the evidence presented, and the court’s schedule.

The primary consideration for the Family Court in Kochi when deciding child custody is the welfare and best interests of the child. The court may grant:

• Sole Custody: One parent is given the primary responsibility for the child.
• Joint Custody: Both parents share legal and/or physical custody.
• Third-Party Custody: In rare instances, if neither parent is deemed fit, custody may be granted to a grandparent or another relative.

The court evaluates the financial stability, lifestyle, and mental health of each parent before making a decision.

The court can order one spouse to provide financial support to the other. This can be:

• Interim Maintenance: A monthly payment made to cover expenses while the divorce case is ongoing.
• Permanent Alimony: A one-time lump sum payment or periodic payments made after the divorce is finalised.

The amount is decided based on the income, assets, needs, and standard of living of both spouses.

The division of property acquired during the marriage is decided by the court based on the contributions made by each spouse. There is no automatic 50/50 split. The court will consider both financial and non-financial contributions to determine a fair and equitable distribution. A wife has a right to residence in the “matrimonial home.”

Yes, under certain circumstances, the Supreme Court of India has ruled that the six-month cooling-off period can be waived. This is possible if the couple has been separated for a long time (more than 18 months) and all issues like alimony and child custody are settled, demonstrating that there is no chance of reconciliation. The final decision to waive the period rests with the court.

While it is legally possible to represent yourself in court (as a “party-in-person”), it is highly recommended to hire an experienced divorce lawyer in Kochi. Divorce law involves complex procedures, documentation, and legal arguments. A lawyer can navigate the system effectively, protect your rights, and help you achieve the best possible outcome.