Form for Divorce in Meerut

In Meerut, as per Indian law, common grounds for a contested divorce include cruelty (both physical and mental), adultery, desertion (for a continuous period of at least two years without reasonable cause), conversion to another religion, incurable mental illness, virulent and incurable leprosy, communicable venereal disease, 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 main ground is the mutual agreement that the spouses can no longer live together and have been living separately for at least one year.

There are primarily two types of divorce proceedings in Meerut:

• Mutual Consent Divorce: This is when both spouses mutually agree to end the marriage and file a joint petition.
• Contested Divorce: This occurs when one spouse seeks a divorce based on specific fault grounds, and the other spouse may or may not agree to the divorce or its terms.

The general procedure for a mutual consent divorce in Meerut involves: 

* Filing a Joint Petition: Both spouses must jointly file a formal petition in the Family Court in Meerut. 

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

* Six-Month Cooling-Off Period: A statutory six-month period is provided for potential reconciliation. This period can sometimes be waived by the court under specific conditions (e.g., if parties have been separated for over 18 months and have amicably settled all issues). 

* Second Motion and Final Hearing: After the cooling-off period (or its waiver), if both parties still wish to proceed, they reappear in court to reaffirm their consent.

* Decree of Divorce: If the court is satisfied that the consent is free and all other conditions are met, it grants a divorce decree.

• Mutual Consent Divorce: Usually takes between 6 to 18 months. The mandatory six-month cooling-off period is a significant factor, though it can sometimes be waived, potentially speeding up the process.
• Contested Divorce: This can take considerably longer, often ranging from 1 to 3 years, and in some complex cases, even up to 2 to 5 years, depending on the complexity of the case, the disputes involved, and court schedules.

In Meerut, child custody decisions are made by the Family Court with the paramount consideration being the “best interest and welfare of the child.” The court evaluates various factors, including the child’s age and gender, the financial stability of each parent, their physical and mental health, the emotional bond with each parent, the ability to provide a stable and nurturing environment, and the child’s preference if they are mature enough to express one. Custody arrangements can include sole custody, joint custody, or physical custody with defined visitation rights.

Either spouse in Meerut can claim alimony (spousal support) or maintenance. The court determines the amount based on factors like the income, assets, financial needs, and liabilities of both spouses, their standard of living during the marriage, the duration of the marriage, and the conduct of the parties. It can be a one-time lump sum payment or periodic payments. Even a husband can claim alimony under specific circumstances if he is unable to earn and is financially dependent on his wife.

Key documents typically required include: 

* Marriage certificate. 

* Address proof of both spouses (e.g., Aadhaar card, passport, utility bills). 

* Identity proof of both spouses (e.g., Aadhaar card, PAN card). 

* Passport-sized photographs of both spouses. 

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

* Income proof (like salary slips, income tax returns) for the last few years, if alimony/maintenance is a factor. 

* Details of property and assets owned by both parties, if relevant to the settlement. 

* A settlement agreement in case of mutual consent, detailing terms of alimony, child custody, and division of property.

While not strictly mandatory for individuals to represent themselves, especially in straightforward mutual consent cases, it is highly advisable to hire an experienced divorce lawyer in Meerut. Divorce involves complex legal procedures, documentation, and an understanding of rights concerning alimony, child custody, and property division. A lawyer provides crucial guidance, ensures paperwork is correctly filed, and represents your interests effectively in court.

The cost of a divorce in Meerut can vary significantly. Factors influencing the cost include whether the divorce is by mutual consent (generally less expensive) or contested, the complexity of the issues (e.g., disputes over significant assets or child custody), and the lawyer’s experience and fee structure. Some legal service platforms may help in finding lawyers with a fee structure that is less burdensome. It’s best to discuss fees upfront with your lawyer.

Divorce petitions in Meerut are filed in the Family Court. Meerut has a District Court, which houses the Family Court that has jurisdiction over matrimonial disputes, including divorce. The specific court with jurisdiction will depend on 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, if contested) currently resides.