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Family Law

What Happens After You File for Divorce in India?

Advocate Asvybe7 min readJuly 20, 2026
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Navigating matrimonial proceedings requires understanding the procedural milestones followed in Indian Family Courts, whether proceeding by mutual consent or contested petition.

1. Summons & Notice Stage

Once a divorce petition is admitted, the court issues formal notice to the respondent spouse along with a copy of the petition. The respondent must file a written statement within the statutory timeline.

2. Mandatory Family Court Counselling & Mediation

Under Section 9 of the Family Courts Act, 1984, the court refers parties to an in-house counsellor or mediation center to explore possibility of reconciliation or mutually agreeable terms.

"Section 9 of the Family Courts Act mandates that the Family Court shall make endeavors to assist and persuade the parties in arriving at a settlement in respect of the subject-matter of the suit."

3. Interim Relief & Asset Disclosures

Pending final disposal, either party may apply for interim maintenance, litigation expenses, and child custody access. Both spouses submit detailed affidavits of assets and liabilities.

Summary & Next Steps

Understanding each procedural phase helps reduce anxiety and enables informed decisions during court proceedings.

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