Divorce case
filing & court proceedings
Actors:
1.
Plaintiff
2.
Lawyer
3.
Courts clerks
4.
Binder
5.
Process Server ( Fiscal )
6.
Registrar
7.
Interpreter ( called as Mudaliyar)
8.
Judge
Major
division of separations:
1.
Divorce
2.
No fault divorce ( take the divorce for no reason)
3.
Judicial / legal separations
4.
Annulment (nullifying the marriage)
The major
grounds of divorce:
1)
Adultery
a)
Man adultery
b)
Female adultery
2)
Impotency
3)
Malicious Desertion
a)
Sexual harassment
b)
Drunkenness / drug addiction
c)
Physical in capability
d)
Discretion / abandonment
e)
Imprisonment
f)
Cruel treatment
g)
Breach of promises
h)
Fraud and cheat
i)
Disease
j)
No income or financial backing
k)
Criminal activities
l)
Spouse already married
m)
Entered in to the marriage because of threat
n)
Entered in to the marriage when the partner is
unconscious or temporary disorder
o)
Mental disorder
p)
Incompatible of treatment
q)
Culture and religion
r)
Sexual issues
The necessary
documents to file a divorce case:
1.
Motion
2.
Proxy (a document that petitioner give the authority to
the Lawyer for the Institution of the
case and conduct the case)
3.
stamp duty + receipt
4.
Plaint
5.
necessary documents such as
a.
Marriage certificate
b.
Birth certificate
i.
Parents
ii.
Children
c.
Medical certificate
d.
Police report
e.
Report from the Family Counselor (If matrimonial dispute was referred to Mediation before the Family Counselor )
6.
Summon
7.
Copy of plaint and filed documents
8.
Precept
9.
Stamp together envelop
Payment to
the courts:
1.
filing fee ( papers to be used within the courts)---------à
Stamp duty /Tax by the state
2.
Service fee ( Process Server )
3.
Binding fees
Court
proceedings:
·
Plaintiff
meets the registrar to have a discussion or advice.
·
Plaintiff meets the known Lawyer and does the
consultation regarding the divorce cases to be filed and get the advice and
instructions how to precede the case and the Lawyer fees and charges too.
·
The motion
,
proxy, plaint, summons, precept to fiscal are prepared by Lawyer based on the
instruction given by the Client i.e Plaintiff.
·
Then the lawyer starts to write a plaint. With
the clear discussion with plaintiff lawyer states in which ground he is going
to file the case.
·
Proxy
(Appointment of an Attorney at Law ) is given ( Sign) by the Plaintiff to give
Authority to the Lawyer for the
institution of action and
proceed.
·
Plaintiff Lawyer signs the motion and plaint.
·
Lawyer tender the motion ,proxy plaint documents summons precept to fiscal along
stamped enveloped to the Court Clerk to obtain a Case No
·
Lawyer put the Case No. in all documents and pays the stamp duty to the Clerk who is
designated for that purpose
·
Lawyer files ( Hand Over) above said documents
and stamp duty receipt to the Court Clerk
·
The Clerk check all documents and enter the Case
Number and Name of the Parties in the
Case Register
·
the Clerk send the documents to the Binder to
bind as a case record
·
after that the above said case record will be
sent to Chief Clerk (Registrar)
·
Registrar will check and forward the case record
to the Judge for the Acceptance and to issue the summons on the Defendant
·
Judge peruse the record and check , If he
satisfied the case will be accepted and He will issue the summons by way of order,
accordingly the Registrar will sign the summons and direct the fiscal to serve
summons on the Defendant .
·
Registrar sign the summon and serve the summons
to the Defendant together with copy of the Plaint and relevant documents which
were filed by the Plaintiff’s Lawyer.
·
With the service of the summon the case filing
process terminates.
