Step by Step Procedure in Divorce Case

Divorce matters are filed before the Family Courts constituted since 2010 and the matter is taken up by the court thereafter, the stages involved with the proceedings related to divorce can be summarized in following steps:


STEP-I: Filing of the divorce petition containing the facts of the case, the grounds of divorce containing all details of the parties.
STEP-II: Family Court scrutinizes the divorce petition and issues notice on the divorce petition to the other party against whom the divorce petition has been filed.
STEP-III: The parties to the divorce proceedings are directed to appear before the court for mediation in most of the cases and efforts by the court is made to reconcile the parties and in the event of failure of the reconciliation proceedings the matter is posted for further hearing in the matter.
STEP-IV: The Family Court directs the opposite party to file written statement to the divorce petition and take all his defenses.
STEP-V: The petitioner is directed to file his rebuttal/rejoinder to the written statement filed by the opposite party. The application for interim maintenance etc is decided by the court at this stage of the case.
STEP-VI: The court frames the issues for adjudications and the matter is posted for evidence of the parties.
STEP-VII: The petitioner is directed to lead its evidence by way of filing the relevant documents, papers and by summoning all its witnesses.
STEP-VIII: The respondent is asked to lead its evidence by way of fling of the relevant documents, papers and by summoning all its witnesses.
STEP-IX: The final arguments in the matter are held and the matter is decided by the court.
STEP-X: The court passes the decree of divorce or rejects the matter based on the entire facts, evidence and law

 

K.P.Satish Kumar 
on 04 October 2018
Published in Family Law
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