Divorce Process in Kolkata

Divorce is a difficult decision and a life-altering event. The legal process can be overwhelming, but understanding the steps involved can provide clarity. Whether both parties agree to separate or only one spouse is seeking a divorce, it is essential to know the legal procedures for divorce in Kolkata. This guide explains the process for both mutual and contested divorces, the required documents, and the legal grounds for divorce in India.

Types of Divorce

In India, there are two main types of divorce: Mutual Consent Divorce and Contested Divorce.

1. Mutual Consent Divorce: This is when both spouses agree to end the marriage. It is the simplest and quickest way to dissolve a marriage legally.

2. Contested Divorce: This occurs when one spouse wants a divorce, but the other does not agree. In such cases, the spouse seeking the divorce must prove certain legal grounds to obtain a divorce.

Filing for Divorce: The Basic Procedure

The legal process begins with filing a divorce petition. The petitioner, or the spouse who wishes to divorce, files the petition in the family court. The other spouse, called the respondent, is then served with a legal notice to appear in court. The divorce process differs depending on whether it is a mutual or contested divorce.

Mutual Consent Divorce Procedure in Kolkata 

The procedure for divorce by mutual consent is outlined in Section 13B of the Hindu Marriage Act, 1955. In a mutual consent divorce, both spouses agree to dissolve the marriage amicably. This type of divorce is usually less stressful and quicker to resolve.

Step 1: Filing a Joint Petition

The first step in a mutual divorce is for both spouses to file a joint petition in the family court. The petition should state that:

1. The couple has been living separately for more than a year.

2. They have mutually agreed that their marriage cannot continue.

3. Both parties agree on child custody, alimony, and property division.

Step 2: Court Appearance and Review

After the joint petition is filed, the court schedules a hearing date. Both spouses must appear in court with their lawyers. The court will scrutinize the petition and any supporting documents. The judge may also ask if there is any chance of reconciliation. If the court is satisfied that there is no hope of saving the marriage, it will proceed with the divorce process.

Step 3: First Motion and Cooling-Off Period

Once the court approves the petition, it passes the First Motion and grants a six-month cooling-off period. This period allows the couple to reconsider their decision. Either party can withdraw the petition during this time. Recently, the Supreme Court has allowed the cooling-off period to be waived in certain cases, if the court believes there is no possibility of reconciliation.

Step 4: Second Motion

After the cooling-off period, if both parties still wish to proceed with the divorce, they can file for the Second Motion. If the second motion is not filed within 18 months of the first petition, the court will dismiss the case.

Step 5: Divorce Decree

Before the final decree is issued, all matters related to alimony, child custody, and property must be settled. Once everything is agreed upon, the court will grant a divorce decree, legally dissolving the marriage.

Contested Divorce Procedure in Kolkata 

A contested divorce is more complicated, as it involves one spouse seeking a divorce without the other’s consent. This type of divorce is based on specific legal grounds under the Hindu Marriage Act, 1955.

Grounds for Contested Divorce

Some of the common grounds for contested divorce include:

• Adultery: One spouse has had an extramarital affair.

• Cruelty: One spouse has subjected the other to physical or mental cruelty.

• Desertion: One spouse has abandoned the other for at least two years.

• Mental Disorder: A spouse is suffering from a mental disorder that makes it impossible to continue the marriage.

• Conversion: A spouse has converted to another religion.

• Incurable Disease: A spouse suffers from an incurable disease such as leprosy or a venereal disease.

• Renunciation: One spouse has renounced the world and joined a religious order.

Step 1: Filing the Petition

The petitioner files a divorce petition with the family court, stating the grounds for divorce. The petition must include evidence supporting these grounds, such as medical reports, emails, or witness statements.

Step 2: Summons to the Respondent

After the petition is filed, the court issues a summons to the respondent. The respondent is required to appear in court and file a reply to the divorce petition. If the respondent fails to appear, the court may proceed with an ex-parte divorce, granting the divorce in favor of the petitioner.

Step 3: Mediation

In most cases, the court will direct the parties to attend mediation to resolve their differences. If mediation is successful, the couple may withdraw the divorce petition or convert it to a mutual consent divorce.

Step 4: Trial and Evidence

If mediation fails, the case proceeds to trial. Both parties present their evidence and witnesses. The court will cross-examine the evidence to determine whether the grounds for divorce are valid.

Step 5: Final Judgment

After reviewing all the evidence and hearing arguments from both sides, the court delivers its final judgment. If the court grants the divorce, the marriage is legally dissolved. Either party can appeal the decision within three months of the judgment.

Documents Required for Divorce in Kolkata 

Both mutual consent and contested divorces require the following documents:

1. Address proof of both spouses.

2. Marriage certificate of the couple.

3. Photographs of the couple from the wedding.

4. Proof of separation (for mutual consent divorces, evidence of living separately for one year or more).

5. Income tax statements for both spouses.

6. Details of assets and liabilities owned by both parties.

For contested divorces, additional documents may be required to support the grounds for divorce, such as:

1. Medical records.

2. Proof of adultery (messages, emails, etc.).

3. Evidence of cruelty (police reports, photographs, etc.).

Family Courts in Kolkata 

Kolkata  has several family courts where divorce cases are heard. Some of the major courts include:

1. City Civil Court

• Address: B.B.D. Bagh, Kolkata, West Bengal 700001

• Jurisdiction: Central Kolkata

The City Civil Court in Kolkata handles a variety of family-related matters, including divorce cases. It is one of the primary courts where divorce petitions are filed and heard in Kolkata.

2. Alipore Judges Court

• Address: 18, Judges Court Road, Alipore, Kolkata, West Bengal 700027

• Jurisdiction: South Kolkata

The Alipore Court is a major location for family law cases in the southern part of Kolkata. It deals with divorce petitions and other matrimonial disputes such as child custody, alimony, and property disputes.

3. Sealdah Civil Court

• Address: 10, Kiran Shankar Roy Road, Sealdah, Kolkata, West Bengal 700001

• Jurisdiction: North and East Kolkata

The Sealdah Civil Court serves the northern and eastern regions of Kolkata and handles divorce cases, maintenance cases, and family-related disputes.

4. Barrackpore Family Court

• Address: Barrackpore Court Complex, Barrackpore, Kolkata, West Bengal 700120

• Jurisdiction: Suburban areas of Kolkata and surrounding districts

Although located outside the main city area, Barrackpore Family Court also serves residents of Kolkata’s suburban areas. Divorce and other family matters are heard here as well.

Cost and Duration of Divorce in Kolkata

The cost and duration of a divorce depend on whether it is a mutual or contested divorce. A mutual consent divorce is usually quicker, taking six to eight months, depending on the cooling-off period. A contested divorce can take several years to resolve due to the complexity of the case and the number of hearings.

Alimony and Child Custody

During divorce proceedings, the court may also address issues of alimony and child custody.

• Alimony: The court may order one spouse to pay alimony to the other, depending on factors such as the financial status of both parties, the duration of the marriage, and the lifestyle during the marriage.

• Child Custody: The court always considers the best interests of the child when deciding custody matters. Custody can be awarded to one parent, or joint custody arrangements can be made.

Conclusion

The divorce process in Kolkata can be complex and emotionally draining, especially in contested cases. However, understanding the steps involved can make the process smoother. Whether you are seeking a mutual consent divorce or a contested divorce, it is essential to consult a qualified divorce lawyer who can guide you through the legal procedures and protect your rights.

By being informed and prepared, you can navigate the divorce process in Kolkata with more confidence and clarity.