What is Divorce?
What is Divorce,Let’s talk about divorce in brief. Divorce is a legal procedure in which a married husband and wife separate from each other as they are unable to continue their married life.
What are divorce forms or certificates in India?
There is no recognized divorce form or certificate or any other document in India.
What to do to get a divorce in India?
In India, a married husband or wife can file a divorce case in a court of law and no other individual or lawyer or notary public can not grant a divorce. According to the law, a case has to be filed in court to get a divorce.
What to do if the husband files the case without the knowledge of the wife?
A divorce case cannot be completed without the wife knowing about the court case. Summons must be sent to the wife if the husband files a divorce petition in the court and to the husband if the wife files the case.
If you refuse to buy this summons when the mailman brings it, an ex parte judgment will be entered against you, called an ex parte judgment. If the summons is not received, the judge may order a new summons. By some such procedure the respondent must be made aware of the existence of the case. Court cannot close your case without informing you in some way.
What happens if you unknowingly sign the divorce form?
If the husband and wife get signatures on the divorce form without the knowledge of the wife or get signatures on 20 rupees stamp paper or 50 and 100 stamp paper it is not valid according to law. Divorce form and divorce on stump paper are fake documents. These are not legal documents.
Divorce proceedings will be conducted only when both the parties are aware of the court and both parties are conscious. If a person is unconscious or mentally ill, the case can be brought to court only by informing them with the help of their Guardian. Divorce cannot be obtained by obtaining signatures on divorce forms or divorce certificates or deeds without the knowledge of the husband or wife. Cases have to be conducted in court and only after the hearings are conducted, the divorce case is decided. If the case has been completed without your knowledge, you can immediately appeal the case.
Is there a possibility of cases happening without the knowledge of husband or wife?
Yes, this is what they call export order in court, when a case is filed in court and a summons is sent to you to appear in court, if you do not appear in court on time, there are chances of a judgment against you.
You may not know that not getting the summons will end the case, if you fail to get the summons and present your case to the court, an ex parte order will be entered against you,If this situation occurs in your case, you should appeal to the court immediately without delay.