Procedure for Divorce in India

Divorce is an irretrievable breakdown of marriage when spouses are not able to live together comfortably. It means dissolution of matrimonial alliances through legal process. It not only involves separation between husband and wife but also division of property and child custody. The divorce can be mutual divorce or contested divorce. The laws related divorce vary according to personal laws such as it is dealt under section13 of Hindu Marriage Act , Section 2 of Muslim Marriage Dissolution Act, Section 7 of Indian Divorce Act 1869 for Christianity etc. The procedure of divorce passes through six steps:

• Filing divorce petition
• Service of Summon
• Response
• Trial
• Interim order
• Final Order

1. Filing divorce petition: The petition has to be filed by spouse in civil court or family court of their local matrimonial jurisdiction stating grounds and reasons for divorce. It must be signed by the spouse filing the petition and in case of mutual divorce, attested by both. 
2. Service of Summon: After the court has adjudicated the petition a notice is sent to another party to appear in front of the court. In case of mutual divorce both the parties will have to appear in court after filing a petition. Court may try to reconcile between the parties by giving some time to stay together and think again upon their decision but if parties still want to get separate, the court will proceed with further procedure.
3. Response: Both the parties are asked to record their statements and in case of mutual divorce after the first motion is passed a time period of six months is given before passing second motion.
4. Trial: The court will then proceed with the matter and frame issue. It is the most crucial stage as parties present evidence and witnesses. After cross examination and lengthy procedure both parties will give their final argument in front of the judge. 
5. Final Order: The court will pass its final decree if it deems fit divorce will be granted. If either of the party is not satisfied with the decree conferred they can appeal in higher court within 3 months of the date of decree under section 28 of Hindu Marriage Act.