Want to know how to file divorce in Kolkata? Talaak.in will help you to understand the full procedure to file divorce. The law for filing divorce all over India is same but the different states may follow different procedures. In Kolkata Divorce can be filed in different ways i.e. Mutual, Contested etc. To know in detail click here. Book a Slot for Consultancy now with Talaak.in to know more and get a clear picture.
1. DIVORCE WITH MUTUAL CONSENT:
According to the divorce laws in India under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court through a divorce lawyer. Mutual consent means that both parties agree to peaceful separation. Mutual Consent Divorce is a simple way of coming out of the marriage and dissolving it legally.
An important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach a consensus. One is the alimony or maintenance issues. As per Law, there is no minimum or maximum limit for maintenance. It could be any figure or no figure.
The next important consideration is Child Custody. Child Custody in Mutual Consent Divorce can be shared or jointly or exclusively, Depending upon the understanding of the spouses.
2. CONTESTED DIVORCE:
In case of a contested divorce, there are specific grounds. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. The reasons for divorce are as follows, though some are not applicable to all religions. Following are some of the grounds for divorce in India:
Cruelty, Adultery, Desertion, Conversion, Mental-Disorder, Communicable Disease, Renunciation of the World, Presumption of Death
The aforementioned two are the basic divorce law in India and excepting these two there are separate laws as per the personal laws of different religions and also under the Special Marriage Act. How To File Divorce In Kolkata? Its not much different from the other states of India.
(The aforementioned information is for basic knowledge. It should not be considered as legal advice). For legal advice with a legal expert visit Talaak.in.