A wedding is one of the most important and beautiful moments in our lives. And it is a dream for everyone to live a happy after-marriage life. But not everyone is fortunate enough to get so.
Although India is one of those countries where the divorce rate is the lowest in the world, the number is still on a hike. As you can see, the study shows that the rate is increasing by 350%.
However, we don’t know the reason behind their quarrel or fights. Our motto is to help those women who are not able to get enough help from the law. Therefore, we are here to help you with the divorce proceedings for women in India, and we will guide you on how to win a divorce case as a woman in India.
For a better understanding, we will guide you through the whole process in a number of divided parts.
Stage 1: Preparation Stage Your case should have a strong foundation on which you will build your whole matter. A case suit consists of the parties involved in the situation, the main subject and a prayer that you ask in front of a judge. But it is something more than you just think. We will carve the whole preparation stage into some easy parts for your better understanding.
Choose your Lawyer The very first step is to choose the best of the best litigator that you can go for. Opting for a lawyer can be based on a few factors. Majorly, people go for an attorney on the basis of their relative’s or friend’s reference. But it is not a rational choice.
Your choice should be based on:
The experience of the lawyer.
Fees
Comfort level with your attorney
Private lawyers vary in their experience levels. If you cannot afford a private lawyer, you can go for state sponsored agencies that are responsible for allotting your public prosecutors. These prosecutors do not charge any fee from their client (except for some government charges throughout the case).
Strategize the Plans and Agreements A well-qualified divorce lawyer is completely aware of all the Indian divorce laws for women. Therefore, he or she can carve up the best of the best cases for you. The main reason for most divorce cases is the same, but the implementation and their matter are unique.
A talented attorney chooses cunning strategies for women in Indian divorce cases. You just need to identify and tell your lawyer about your demands.
The property, alimony, custody that you want – everything should be mentioned in your suit. The suit should be supported with complete proof plus all the documents necessary to prove your point. This way you can get a higher ground on the matter.
How will you Divide Debts Since you both are getting apart and are dividing all the assets, the debts will also be divided among you. With all the marital loans and debts, both parties would be responsible to share and pay the debts.
Identify how much of the money you can afford to pay back. Marital debts are treated the same as all marital assets. Although, there is one exception if the loan or debt belongs to a single party instead of a couple.
Stage 2: Drafting the Case In this stage, a draft version of the complete suit is prepared in written form. You must be fully satisfied with all the content written in your suit. Make sure of the following points in your case.
Collect your Documents Keep all the necessary documents handy with you. Keep your originals in a safe place and provide only Xerox copies to anyone needed. Following are the documents that might be needed
Bank statements
Tax returns
Investment and brokerage account statements
Retirement account statements
Insurance policies
Wills/trusts
Vehicle registrations
Deeds to all property
Debt statements, such as credit card statements
Fault Divorce There are two types of divorce cases that are present at this point in time. Fault Divorce or No-Fault Divorce. In a no-fault divorce, the spouse does not have to prove any fault of the partner, while in case of fault divorce, this case is filed when one partner in a couple is fed up or not okay with some actions or violence.
As per the Indian Penal Code of 1860, there are some actions in a marriage that are not appropriate for any of the parties in a couple and can be counted as marital offences.
A mock or invalid marriage
Bigamy
Adultery
Criminal Elopement – seduction
Cruelty by the husband or relatives of the husband
These are some common offences that can result in a fault divorce case. The judiciary recognises all the Indian divorce laws for women and if your case is strong, then you might become the winner.
Get Child Custody If you claim your child’s custody, you might enjoy some advantages in the case. It shows that you are responsible and aware of your responsibilities.
It is one of the Women’s rights in Indian divorce cases to have their child with them even after divorce. You have to use your soft power or show the signs that you are a good parent to win divorce proceedings for women in India. But how will you prove that? Go through the points below:
Testimony from neighbours or relatives who can testify from your side that you are not a bad one for the grooming of your little ones.
Testimony from people like friends or the neighborhood who have seen your loving behavior with the children.
Cross Check your Assets List Cross-check that you have listed all the assets in your suit. You have to prove that your divorce is not a burden on your partner, but instead, he is sufficient in terms of assets and monetary items.
Even if you are suspicious that there are some bank accounts that you are not informed about, you can search your house for that. There are easier ways to do so
After filing a divorce case, there is an option for you to summon the financial institutions to disclose whether there are any of your partner’s hidden assets(as per the court’s order only).
Some financial documents like tax returns, and credit card bills can also disclose this information about hidden assets (if there are any).
These are some tips and tricks that you should take care of while going for a divorce case. This was a guide from us on how to win a divorce case as a woman in India.
Conclusion India has the biggest constitution in the world. Our laws and rules are designed to help troubled people who are in misery with the rule of justice. With uniquely designed laws for each religion, there are some basic things that are common across all of them.
Marriage is one of the most beautiful moments of somebody’s life, but a failed marriage can be as bad as hell. To get out of that hell, Indian divorce laws for women can help you. If you have made up your mind to get separated from your other one, you can file a divorce case in court and also claim child custody (if you have any issues from the marriage).
Follow these points discussed above to make your stand stronger than your husband, and like a responsible and self-dependent person, you can win it easily with the help of Women’s rights in Indian divorce cases.
