. Consultation and Preparation
- Legal Advice: The first step is to consult with a family lawyer to understand the legal remedies available for your situation, whether it is divorce, child custody, maintenance, or any other family matter.
- Documentation: Collect relevant documents like the marriage certificate (Nikahnama), birth certificates of children (if custody or maintenance is sought), proof of residence, or any evidence related to the claim.
2. Filing of the Suit
- Drafting the Petition/Complaint: The lawyer will draft a plaint (petition) explaining the case details and what relief is being sought (e.g., divorce, custody, etc.).
- Jurisdiction: The suit is filed in the Family Court, which has jurisdiction over the matter. Usually, this is in the area where the wife resides in case of a divorce or maintenance case.
- Court Fee: A nominal court fee is paid when filing the suit, as family suits are exempt from high fees.
3. Issuance of Notice to the Opposite Party
- Summons: After the suit is filed, the court issues a summons to the opposite party (respondent), notifying them of the suit and requiring them to appear in court on a specified date.
4. Submission of Written Statement
- Defense: The respondent is required to file a written statement (reply) to the claims made in the suit within the time specified by the court.
5. Pre-Trial Reconciliation
- Conciliation: In family law matters, the court attempts to settle the matter amicably through conciliation before proceeding with a full trial. If reconciliation is not possible, the court proceeds with the case.
6. Recording of Evidence
- Evidence by the Plaintiff: The plaintiff (the party who filed the suit) presents their evidence in the form of witnesses, documents, and affidavits.
- Cross-Examination: The respondent’s lawyer cross-examines the plaintiff’s witnesses.
- Respondent’s Evidence: The respondent then presents their evidence, and the plaintiff’s lawyer cross-examines the respondent’s witnesses.
7. Arguments
- After the evidence is completed, both parties present their arguments. The lawyers argue the case based on the evidence and applicable laws.
8. Judgment
- Decision: After hearing the arguments, the court pronounces its judgment. The court may grant or dismiss the relief sought by the plaintiff.
- Decree: A formal decree is issued, enforcing the court’s judgment (e.g., a decree for divorce, maintenance, custody, etc.).
9. Execution of Decree
- If the court grants a decree, it is executed in accordance with the law. For example, if the decree is for maintenance, the amount determined by the court will need to be paid regularly.
10. Appeal (if necessary)
- Appeal: If any party is dissatisfied with the judgment, they have the right to file an appeal before the High Court within 30 days of the decree