Procedure of a Divorce Action

The procedure lies in the Chapter XLII of the Civil Procedure Code including the points mentioned below:

  • Divorce action may be filed in the District Court where either spouse resides by way of a Plaint.
  • Alleged adulterer (a person outside marriage) can be named as a co-defendant in a divorce action where the Adultery is a ground.  Court may be ordered such Adulterer to pay cost if he or she found guilty.
  • The Plaintiff has to prove the case.
  • When case is proved on balance of probabilities the Court will grant a decree nisi and then three months will be given, to move the decree nisi decree absolute.
  • Upon completion of three months, the decree is to be made absolute.



During and at the conclusion of a divorce trial, the Court may take into consideration other connected matters such as child custody, maintenance, alimony and property rights, et