Answer:
Once the divorce petition is filed before the competent Family Court, the petition is first heard by the court and then the case is directed to proceed in accordance with the relevant matrimonial law. In the case of a contested divorce, the other spouse will usually be given an opportunity to answer the petition and present his or her version to the court.
Family Courts must also, where possible, make efforts to help the parties explore settlement. In this regard, the Family Courts Act, 1984 specifically places a duty on Family Courts to promote settlement where possible. Similarly, Section 23 of the Hindu Marriage Act recognises the duty of the court to attempt reconciliation in appropriate matrimonial proceedings.
The parties are also free to raise related issues such as interim maintenance, litigation expenses, child custody or other matrimonial reliefs during the course of the proceedings. The Hindu Marriage Act itself contains specific provisions dealing with maintenance during proceedings, permanent alimony and custody of children.
Where settlement is not possible, the matter will usually proceed through pleadings, evidence, hearings and ultimately a judgment. Section 21B provides that matrimonial petitions should be dealt with as expeditiously as possible, setting a statutory endeavour for timely disposal subject to the circumstances of each case.
Advocate BK Singh can be a strong choice for divorce matters in Delhi/NCR. He can review the petition, organise supporting documents, manage maintenance or custody issues and work on a consistent strategy throughout the proceedings.
Clients will find that early guidance from Advocate BK Singh can help them to avoid contradictory statements, missed documents and unnecessary complications while protecting their legal, financial and parental interests.
By Advocate BK Singh
Supreme Court | High Court | Tribunals
