Divorce Process in Kolkata — Complete Legal Guide
Filing for divorce in Kolkata involves specific procedures depending on your religion, whether the divorce is mutual or contested, and which court has jurisdiction.
Types of Divorce in Kolkata
There are two main types of divorce in Kolkata: Mutual Consent Divorce under Section 13B of the Hindu Marriage Act or Section 28 of the Special Marriage Act, and Contested Divorce where one spouse does not agree to the divorce.
Divorce Procedure in Kolkata Family Courts
Step 1: Consultation with an advocate and document preparation. Step 2: Filing the divorce petition at the Family Court, Alipore. Step 3: Service of summons to the other spouse. Step 4: Statement of the parties before the counselor/mediation. Step 5: Evidence and trial for contested cases. Step 6: Arguments and judgment. Step 7: Decree of divorce.
Documents Required for Divorce in Kolkata
Marriage certificate, address proof of both parties, income proof, photographs, marriage photographs, evidence of cruelty/desertion, settlement agreement (if mutual), and children's details (if applicable).
Time Frame for Divorce in Kolkata
Mutual consent divorce takes 6-12 months minimum (including the 6-month cooling-off period). Contested divorce takes 1-3 years or more depending on court backlog and case complexity.
Cost of Divorce in Kolkata
Filing fees at the Family Court are minimal (Rs. 100-500). Advocate fees vary widely from Rs. 15,000 to Rs. 1,00,000+ depending on case complexity and the advocate's experience.
FAQs
Can I file for mutual consent divorce without appearing in court? Both parties must appear at least once for the statement. Some proceedings can be conducted through video conferencing now.
What if my spouse does not agree to divorce? You will need to file for contested divorce on grounds like cruelty, desertion, or adultery. Contact Advocate Panchanand Shaw at +91 90070 00603.