PROCEDURE AND FEES FOR DIVORCE IN DELHI
Divorce refers to the process of termination of marriage or marital union ad basically entails the canceling or reorganizing of the legal duties and responsibilities of marriage. So divorce is fundamentally a dissolution of marriage.
Therefore, a divorce means dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. The relevant law for divorce is mentioned u/s 13of Hindu Marriage Act,1955.
Procedure for Divorce in Delhi
Section 13 of Hindu Marriage Act,1955. lists out procedure for divorce which is followed throughout India and thus, entails the procedure for divorce in Delhi. Divorce can either be contested or mutually filed by the parties. And in cases where the parties prove that the relationship between the parties i.e. Husband-wife has broken beyond repairs, then the court can proceed for Decree of Divorce on the ground of Irretrievable Breakdown of Marriage.
Following is the detailed step by step procedure for Divorce in Delhi:
- For Mutual consent divorce
STEP 1: First Motion stage that involves joint filing of divorce petition.
STEP 2: Husband as well as wife appear before the court to record statements after filing of petition.
STEP 3: Court examines the petition as well as the documents, tries to reconcile the matter, and record statements.
STEP 4: Court passes order on First Motion.
STEP 5: A cooling off period of six months is given to the parties from the court to recapitulate the decision.
STEP 6: Filing of Second Motion within 18 months of First Motion.
STEP 7: Decree of divorce is passed by the Court.
- For Contested divorce
STEP 1: Filing of petition by either party.
STEP 2: Court issues summons and seeks reply from the other spouse.
STEP 3: Court may try to reconcile the matter.
STEP 4: Examination and cross-examination of witnesses and evidence.
STEP 5: Counsels for both parties present final arguments.
STEP 6: Decree of divorce passed by the court.
Procedure for Divorce in Delhi follow the same steps. However, can range accordingly depending upon the complexity of the case where the divorce is not mutual but contested.
The procedure for divorce in Delhi is not that complex or cumbersome if you have a good divorce lawyer to your rescue. A divorce lawyer can help you expedite the process thereby allowing the parties to get rid of the toxic relationship and move on in their individual lives.
Next we will discuss the divorce fee.
COST INVOLVED-DIVORCE LAWYER FEES
Divorce fee majorly comprises of two things i.e., Court Fee and Divorce Lawyer Fees. The court fee for divorce matters is pretty nominal. However, the Divorce Lawyer fees can vary substantially depending upon the merits and complexities involved in the case. Further, divorce lawyer fees can be charged either by way of per hearing or in lump-sum on an annual basis. Wife can also ask husband to borne the hefty litigation expenses in the form of Divorce fee as a whole comprising of the divorce lawyer fees by the order of Court. Even, otherwise the wife can make the husband to pay the Divorce fee by way of interim and ad-interim maintenance u/s 125 Cr.P.C.
As per the general trend, Divorce fee is usually less when the divorce is mutually consented when compared with the divorce fee charged by lawyers in case of a contested divorce. Still the exact divorce fee will differ from case to case based upon the complexity of the cases. Divorce fee is thus, a variable concept that majorly differs from case to case.
