Form for Divorce in Nagpur

In Nagpur, as per Indian law, common grounds for a contested divorce include cruelty, adultery, desertion (being abandoned by your spouse for at least two continuous years), conversion to another religion, mental disorder of an incurable nature, 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 main ground is that both spouses agree that they can no longer live together and have been living separately for at least one year.

There are primarily two types of divorce in Nagpur:

• Mutual Consent Divorce: This is when both husband and wife mutually agree to end the marriage. They must have lived separately for at least one year.
• Contested Divorce: This is when one spouse seeks a divorce, and the other spouse does not agree to it, or they disagree on terms like alimony, child custody, etc. The divorce is sought based on specific grounds like cruelty, adultery, or desertion.

The procedure for a mutual consent divorce in Nagpur generally involves:

• Filing a Joint Petition: Both spouses file a joint petition in the Family Court in Nagpur.
• First Motion: Both parties appear in court, and their statements are recorded. The court examines the petition and documents.
• Cooling-off Period: A mandatory six-month period is given for reconciliation (this can sometimes be waived by the court under specific conditions).
• Second Motion: If the couple still wishes to divorce after the cooling-off period, they reappear in court to reaffirm their consent.
• Decree of Divorce: The court grants the divorce decree if satisfied.

• Mutual Consent Divorce: Usually takes about 6 to 18 months. If the mandatory six-month cooling-off period is waived by the court (possible if parties have been separated for over 18 months and have settled all issues), the process can be faster.
• Contested Divorce: Can take significantly longer, generally ranging from 2 to 5 years, or even more, depending on the complexity of the case, evidence, and court schedules.

In Nagpur, child custody decisions are made by the Family Court primarily based on the “best interest and welfare of the child.” Factors considered include the child’s age, gender, emotional bond with each parent, the financial stability of the parents, their mental and physical health, and the ability to provide a stable and nurturing environment. The court may grant physical custody, legal custody, joint custody, or third-party custody. The child’s preference may also be considered if they are old enough to make a mature decision.

Alimony (spousal support) and maintenance can be claimed by either spouse depending on their financial situation, needs, and the other spouse’s ability to pay. It can be a one-time lump sum payment or periodic payments. The amount is decided by the court based on factors like the income of both parties, assets, liabilities, duration of the marriage, and the conduct of the parties.

Common documents required for filing a divorce petition in Nagpur 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)
• Photographs of the marriage
• Proof of living separately for more than one year (for mutual consent divorce)
• Income tax returns for the last 3 years and salary slips (especially for alimony claims)
• Details of property and assets
• Any other documents relevant to the grounds for divorce or settlement terms.

While it might be theoretically possible to represent oneself, it is highly advisable to hire an experienced divorce lawyer in Nagpur. Divorce law involves complex legal procedures, documentation, and arguments. A lawyer can guide you through the process, ensure your rights are protected, help in drafting petitions and agreements, and represent you effectively in court.

The cost of a divorce in Nagpur can vary significantly based on:

• Whether it’s a mutual consent or contested divorce (contested is usually more expensive).
• The complexity of the case (e.g., disputes over child custody, property, alimony).
• The lawyer’s experience and reputation. Fees can include consultation fees, per-hearing charges, or a lump sum for the entire case. For a general idea, overall fees in India can range from ₹45,000 to ₹1,00,000, with per-hearing charges from ₹5,000 to ₹15,000. Court fees are additional but typically nominal.

Divorce cases in Nagpur are filed in the Family Court. Nagpur has a District and Sessions Court complex, which houses the Family Court that deals with matrimonial disputes, including divorce. You would need to determine the correct jurisdiction based on where the marriage was solemnised, where the couple last resided together, or where the respondent currently resides.