DIVORCE : Reasons and Documents

"Marriages are made in Heaven". "இறைவன் இணைத்ததை மனிதன் பிரிகாதிருக்கட்டும். இனி இவர்கள் இரு உடல் ஓர் உயிராய் இருப்பார்கள்"

Divorce is not the solution for every problem. Love has the power to cure any problem. Sharing and Understanding the problem and loving one another are the ultimate solution for every happy married life.

Divorce, though I don't support, the main reason for sharing this article is merely for knowledge and for the use of men and women, who are victims of marriage.

Major Reasons for Divorce :

• Most major ground is that of cruelty – mental and physical included.
• Adultery is another ground on which the request is largely granted.
• Insanity is another point. Though these cases can take a long time to be resolved, it is still an option.
• Mutual consent is the most popular reason.
• Impotency or non-consummation is another position on which this request is granted.
• Marriage by fraudulent consent is a very valid claim on which people go through with separating.
• Child marriage cases are granted a dissolution easily, as well as seven years of imprisonment
• One of the last reasons where divorce is approved is, when the wife is pregnant, and the spouse is certain the child is not his.

Procedure For Divorce In India

• First steps is to hire a good lawyer, who values human lives and understands the real problems of the couple and capable to counsel the couple before proceeds to Court
• In cases of mutual consent, the Indian courts demand that the spouses appear in court in two motion petitions. The first motion petition involves the couple to file a mutual application stating that, they be separated due to irreconcilable differences. For the second motion petition, the court beckons them after 6 months. If the court is satisfied that the couple indeed has conflicts on the grounds applied for, the divorce is then granted.
• Grounds other than mutual consent, on which divorce is granted, are cruelty, insanity, adultery etc. 

Documents for Divorce In India

For a divorce in India, photocopies of the following documents are essentially to be handed over to your lawyer.

• Income Tax statements for the past 2 or 3 years
• Details of your profession and your present remuneration
• Your birth and family related information
• Details of properties and assents possessed by you

It is very important, that along with the documents, a detailed account of the marriage is given to your lawyer. The history, reasons for break up, degree of marital discord etc, should be shared so that he can build a strong petition for your contested divorce. Another document which should be submitted is a ‘vakalatnama’, an authority letter, for your lawyer to fight the case in the court.