1. What are the grounds for divorce in Kerala, India?
In Kerala, divorce can be sought under various grounds as per the Personal Laws applicable to different religious communities. The common grounds for divorce in Kerala include:
– Adultery: If one spouse engages in a voluntary sexual relationship outside the marriage, it can be a ground for divorce.
– Cruelty: If one spouse treats the other with cruelty, both physical and mental, it can be a valid ground for seeking divorce.
– Desertion: If one partner abandons the other without any justifiable reason for a continuous period of two or more years, it can be considered as desertion, warranting divorce.
– Conversion: In cases where one spouse has converted to another religion, and the other spouse does not wish to continue the marriage due to religious differences, divorce can be sought.
– Mental Disorder: If a spouse suffers from a mental disorder that makes it impossible to continue the marital relationship, divorce can be sought.
2. How can I apply for divorce in Kerala?
To apply for divorce in Kerala, follow these steps:
1. Consult an experienced divorce lawyer: Seek legal advice from a qualified divorce lawyer who specializes in family law. They will guide you through the entire process and ensure your rights are protected.
2. Discuss grounds for divorce: Discuss the grounds for divorce with your lawyer and provide relevant evidence to support your case.
3. File a divorce petition: Prepare a divorce petition stating the grounds for divorce and other necessary details. Your lawyer will help you draft it accurately.
4. File the petition in the appropriate court: Submit the divorce petition in the family court having jurisdiction over your residential area. Pay the required court fees and obtain a receipt.
5. Serve notice to the other party: The court will issue a notice to the spouse to appear in court on a specified date. The notice will also contain a copy of the divorce petition.
6. Court proceedings: Attend the court hearings as scheduled. Both parties will have an opportunity to present their arguments and evidence. If both parties agree to the divorce, the court may pass a decree of divorce.
7. Divorce decree: Once the court is satisfied with the grounds for divorce, it will pass a divorce decree, officially terminating the marriage.
It is crucial to consult with a lawyer who can navigate the legal procedures and protect your interests during the divorce process in Kerala.
3. Is it necessary to hire a lawyer for divorce proceedings in Kerala?
Although it is not mandatory to hire a lawyer for divorce proceedings, it is highly advisable to do so. Divorce cases involve complex legal procedures and require a thorough understanding of the relevant family laws in Kerala. By hiring a divorce lawyer, you can benefit from their expertise in handling divorce cases, ensuring that your rights and interests are adequately protected.
A divorce lawyer will assist you in drafting and filing the necessary legal documents, represent you in court hearings, negotiate settlements, and offer guidance to achieve the best possible outcome. Additionally, an experienced lawyer can provide valuable advice on child custody, division of assets, alimony, and other legal matters related to the divorce.
By having a competent lawyer by your side, you minimize the chances of making errors or facing difficulties during the divorce proceedings in Kerala.
4. What are the documents required for filing a divorce petition in Kerala?
To file a divorce petition in Kerala, you will typically need the following documents:
1. Marriage certificate: Provide a copy of the marriage certificate as proof of the legal union between both spouses.
2. Address proof: Submit address proof for both parties, such as Aadhaar card, passport, or voter ID card.
3. Identity proof: Provide identity proof, such as PAN card, Aadhaar card, or passport, for both parties.
4. Photographs: Attach recent passport-sized photographs of both spouses.
5. Evidence of marriage: Gather any evidence that substantiates the existence of the marital relationship, such as photographs, wedding invitation cards, or joint bank account statements.
6. Income and asset details: Prepare a statement of income, assets, and liabilities of both spouses. Include income tax returns, salary slips, bank statements, property documents, etc.
7. Proof of grounds for divorce: Depending on the grounds for divorce claimed, provide supporting evidence such as photographs, medical records, witness statements, etc.
It is essential to consult with your divorce lawyer to ensure you have all the necessary documents required for filing a divorce petition in Kerala.