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Filing a divorce petition in Chennai, India, involves a legal process that must be followed carefully. Please note that the procedures may vary based on individual circumstances, and it’s essential to consult with a legal professional for personalized advice. As of my last update in January 2022, here’s a general guide to filing a divorce petition in Chennai:

1. Consultation with a Lawyer:

• Seek legal advice from a family law attorney in Chennai to understand your rights, options, and the specific grounds for divorce applicable to your situation.

1. Grounds for Divorce:

• Identify and establish the grounds for divorce, such as cruelty, adultery, desertion, mental illness, or irretrievable breakdown of marriage. Different grounds may have different legal implications.

1. Documentation:

• Gather all necessary documents, including marriage certificate, identification proofs, proof of residence, income details, and any evidence supporting your grounds for divorce.

1. Prepare the Divorce Petition:

• Work with your lawyer to draft the divorce petition. The petition should outline the grounds for divorce and other relevant details. It is then filed in the appropriate family court.

1. Filing the Petition:

• Submit the divorce petition to the family court having jurisdiction over your case. In Chennai, this may be the family court in the district where you or your spouse resides.

1. Court Fees:

• Pay the prescribed court fees for filing the divorce petition. The fees may vary based on factors like income and the relief sought.

1. Service of Summons:

• After filing, the court issues a summons to the other party (your spouse) along with a copy of the petition. This is typically served by a court process server or a recognized courier.

1. Response from the Respondent:

• The respondent (your spouse) has a specific period to respond to the petition. They may either contest the divorce or consent to it.

1. Mediation/Counseling (Optional):

• In some cases, the court may suggest mediation or counseling to explore the possibility of reconciliation.

1. Evidence and Witnesses:
   • Both parties may present evidence and witnesses to support their case during court hearings.
2. Final Hearing:
   • The court conducts a final hearing, considering all evidence and arguments presented. If the court is satisfied, it grants the divorce decree.
3. Issuance of Divorce Decree:
   • Once the court grants the divorce, a decree is issued. This decree is the legal document confirming the end of the marriage.

It’s important to note that the process can be complex, and legal advice is crucial. Laws and procedures may change, so it’s advisable to consult with a family law attorney in Chennai for the most accurate and up-to-date information on filing a divorce petition.

How much time does it take?
Mutual Consent Divorce can be obtained in 6 months, but there is no petition in such cases that can be submitted in the first year of marriage. There must be a six-month gap between the first and second movements. The court can override this cooling period in several cases. So in the case of divorce with mutual agreement, it is usually needed 18-24 months.

In the contested divorce case, the period is longer, ranging from 3 to 5 years due to complications and the possibility that one of the parties can challenge decisions in the High Court and the Supreme Court.