← Back to All Questions

How is a petition for divorce filed?

Posted by jobseeker kashvi | Approved
Answers (2)

A divorce petition is filed in the Family Court under the applicable personal law (e.g., Hindu Marriage Act, Special Marriage Act). The process includes:

1. Ground for Divorce: Determining whether it’s a contested (under Section 13 HMA) or mutual consent divorce (under Section 13B HMA).

2. Drafting the Petition: A lawyer prepares the petition, mentioning marriage details, grounds for divorce, children (if any), and reliefs like alimony, custody, etc.

3. Jurisdiction: File the petition in the Family Court where:
- Marriage took place, or
- Spouses last resided together, or
- Respondent currently resides.

4. Filing and Scrutiny: Submit the petition with documents (marriage proof, ID, address, etc.) and pay court fees. The court scrutinizes and accepts the filing.

5. Notice and Hearing: The court issues notice to the respondent. Both parties are heard, evidence is taken, and interim reliefs may be granted.

6. Final Decree: After proceedings (or second motion in mutual consent), the court passes a decree of divorce if satisfied.

Answered by jobseeker Vipra | Approved

A petition for divorce is filed by submitting the necessary documents, including the petition itself, to the appropriate court. This typically involves the spouse initiating the divorce (the petitioner) preparing and filing the petition with the court, often through a lawyer. The petition outlines the grounds for divorce and other relevant details. The court then serves the other spouse (the respondent) with the petition, initiating the formal divorce process.

Answered by jobseeker Garima Rajput | Approved

Please login to submit an answer.

Quick Contact
Copyright ©2025 Lawvs.com | All Rights Reserved