Divorce owing to Irreconcilable Differences

Question

I got married to my wife on 23rd December 2018 under the Hindu Marriage Act. We have a 1-year-old son from this relationship. I am seeking a divorce based on irreconcilable differences between the both of us over these one and a half years. Please explain the tie and procedure to file for the divorce including the lawyer fees

akshdeep_singh 1 Answer 401 views
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Answer ( 1 )

  1. instalegal
    0
    2020-04-01T16:34:39+05:30
    Reply

    There are two kinds of divorce, firstly if the wife is agreeing then go for a mutual consent divorce which can be filed by both the parties together. its a faster process and involves less expenditure. During the process itself, you both can settle the terms and conditions as regards alimony, child custody and other settlement regarding the money and other assets.

    However if she is not agreeing then you will have to file for a contested divorce and depending on the place you file, and the lawyer you hire, the fees varies hence the exact fees cannot be ascertained here.

    as regards procedure, on your instructions of the incidents etc, the Lawyer will draft your divorce petition and file it in the Family Court of your district where your marriage was registered or where the matrimonial home is situated. Once notice is issued to the other party i.e. ur wife, she will put in appearance and the court will send the matter to mediation for any kind of re-conciliation or settlement that can take place between you and your wife. if the settlement is reached, the court will record the settlement and conclude the divorce proceedings either in granting divorce or dismissal if the parties decide to live together. If the mediation is failed i.e. no settlement or reconciliation takes place then the court will hear the evidence of both the parties. The person filling for divorce i.e. Petitioner will present his evidence in the shape of witnesses and the defence i.e. wife will cross examine the witnesses. likewise the defence will put their witnessess after prosecution evidence is closed and the petitioner shall cross examine them. on conclusion of the evidence and the arguments made by both the parties, the court will either grant divorce if the allegations made in the divorce are found to be true or dismiss the divorce petition.

    For proper advice, kindly contact the team at Instalegal via chat/email/call.

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