Step 1 (Draft the Divorce Petition)
Prepare the draft of the petition that is to be filed to the relevant courts of choice since the choice of the contents is the most significant part of the dissolutions of marriage procedure.
Contents of a petition plays a vital role since it is the claims that must satisfy the court for the dissolution. The petition must draw the real picture very clearly and should base it on the facts upon which the claim to have such marriage dissolved is founded.
However, the grounds upon which a husband or a wife may petition for dissolution is not identical.
The grounds upon which a Christian husband may file petition for dissolution?
i) according to section 10 of the Divorce Act 1869, for dissolution of Marriage the only ground a husband can rely is by claiming that his wife has been guilty of adultery.
ii) claiming so, section 11 of the Divorce Act 1869 confers duty on any husband to make the alleged adulterer a co-respondent in his petition.
- The grounds upon which a Wife may petition for dissolution?
There are several grounds available to any wife who may petition for dissolution. The followings are the grounds
i) Firstly, a wife must also show that her husband has converted to any other religion from Christianity.
ii) has married another woman;
iii) has committed incestuous adultery;
iv) has committed bigamy with adultery;
v) has married with another woman with adultery;
vi) has committed rape;
vii) has committed adultery;
viii) has committed adultery coupled with desertion;
**Step - 2 (File a Divorce Petition)
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The second step is to file a petition for dissolution of marriage to the District Court or to the High Court Division. The choice is yours, however, if you want to ever a better standing considering the facts of your case, you must consult with a lawyer who is an expert in this field of law in order to find the best court and the one that better fit to sympathise with you. Understanding the attitude of the operative judicial mind is very important.
Step - 3 (Prove your claim with sufficient evidence)
If the court is satisfied that the ground/grounds raised in the petition is true on the basis of the evidence, then the court shall issue a decree with declaring such marriage to be dissolved.
On the other hand, if the court is not satisfied on the evidences, then it shall dismiss the petition. It is important to state that, the courts do not only consider the facts in the petition, it also takes into account other factors such as petitioner’s involvement, reaction and other things to the issue complained of.