Skip to main content

Divorce in India - Laws and Legal Procedure



Divorce is a complicated, messy, and emotionally draining process. After you've made it through the transition, you'll feel alive with the belief that you've made the right decision to improve your life. Despite how complicated it could be emotionally, it is a very time-consuming and sophisticated process on paper also.

1. What is Divorce?

Divorce can be explained as dissolution of marriage in the court but, in general, it means the end of a relationship between a husband and a wife either with their consent or not.

2. What are the Laws for Divorce?

There are different laws for different religions that govern the divorce process in India. Due to the diverse cultures in India, every religion has a separate mention of laws for divorce. Let’s have a quick understanding of what the law says for marriage divorces in different religions.

Laws dealing with divorce in India are as follows :

- Hindu Marriage Act,1955 deals with divorce by Hindu Couples.

- Dissolution of Muslim Marriage Act,1939 deals with divorce between Muslim Couples.

- Indian Christian Marriage Act, 1872 and Indian Divorce Act,1869 governs divorce process for Christian Couples.

- The Parsi Marriage and Divorce Act, 1936 exclusively deals with divorce in Parsi Community.

- Special Marriage Act, 1954 has special divorce procedure for divorce in case husband and wife are of different religion.

3. Which are major forms (kinds) of divorce in India ?

Divorces in India are generally applied in two major forms. Forms indicate the nature and intention for applying divorce. The motive for divorce could either be with the agreement of both the parties i.e husband and wife or it could be initiated from only one side also. Whatever scenario may it be but the final result one is seeking to have is his/her divorce in India.

1. Mutual Divorce - Uncontested or Mutual Consent Divorce is a legal action taken by both husband and wife when they decide to end their relationship and get divorced on a mutual basis. In simpler words, when both parties (husband and wife) mutually agreed to divorce, it is called Mutual Consent Divorce. The procedure for Mutual consent divorce is simpler as compared to a contested form of divorce.

2. Contested Divorce - A Contested Divorce is a form of divorce where either of the partners disagrees for mutual divorce or any dispute regarding property, child, and alimony is in between them. In those cases, they have to seek help from the court for their dissolution of marriage. The time for taking contested divorce may vary from 1 year to 3-5  years as well.

4. Where to file a Divorce application?

The petition for Contested Divorce and mutual consent divorce can be filed at the Family court of the city where the couple last lived together, such as their marital home, where the marriage was solemnised, or where the wife currently resides.

5. How to get a divorce in India?

The process of getting a divorce is very complicated in the case of contested divorce whereas in mutual consent divorces the process is easy but it also takes sufficient time. It's always advisable to consultant to practicing Advocate who can save a lot of your time and provide expert guidance, if you wish to file for divorce.

6. After how many days of marriage can divorce be filed?

As per the law, a minimum of 1 year after the date of marriage is needed to file for a divorce in the court.

7. What are the grounds for Mutual Divorce?

The grounds for Mutual divorce are basically similar in all the religions of India. What are the grounds for mutual divorce? Let us understand that:

1. Husband and wife are not able to live together anymore

2. They have been living separately for one year or more than one year

3. Both of them have mutually agreed that the marriage has been destroyed, and hence it needs to be ended.

(You can send email on chinmayjawale09@gmail.com or whatsapp on 8454934770 to know entire precedure dealing with Mutual Divorce)

8. What are the grounds for Contested Divorce ?

Without proper grounds (grounds mentioned under law), no one can file for divorce in court. Now let’s look at the grounds on which one can file a petition for a contested divorce in court.

1. Cruelty by other party.

2. Adultery i.e. other party having sexual intercourse other than their partner.

3. Desertion - negligence of one partner by another for a long period.

4. Conversion to other religion.

5. Mental disorder.

6. Communicable Venereal Diseases.

(You can send email on chinmayjawale09@gmail.com or whatsapp on 8454934770 to know entire precedure dealing with Contested Divorce)


Comments

Post a Comment

Popular posts from this blog

10 Landmark Judgments That Have Shaped the POCSO Act

The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) is an Indian legislation that defines and penalizes sexual offenses against children. It also provides for the establishment of special courts and child-friendly procedures for the trial of such cases. The POCSO Act was enacted in response to the growing number of cases of child sexual abuse in India and is considered to be a landmark piece of legislation in the fight against child sexual abuse. Here are some of the top 10 landmark judgments in POCSO Act with citation: 1. Jarnail Singh v. State of Haryana (2013) - The Supreme Court held that the POCSO Act is a special law and takes precedence over the Indian Penal Code (IPC) in cases of sexual offences against children. [Citation: Jarnail Singh v. State of Haryana, (2013) 10 SCC 419] 2. State of Karnataka v. Shivanna  (2014) - The Supreme Court held that the POCSO Act does not require recording every statement made under Section 164 of the Code of Criminal Proced...
Post a Comment
Read more

पोलीस अधिकारी/कर्मचाऱ्यांविरुद्ध तक्रार कशी दाखल करावी

  एक पोलीस अधिकारी पोलीस दलात सामील होत असताना तो/ती शपथ घेतो/घेते की तो/ती नेहमीच देशातील लोकांचे रक्षण करेल आणि हे त्याचे/तिचे पहिले कर्तव्य असेल. पण काही वेळा पोलीस अधिकारी त्यांना प्रदान केलेल्या कर्तव्याचा व अधिकारांचा चुकीच्या पद्धतीने वापर करतात. यासाठी सुप्रीम कोर्टाने PCA- पोलिस तक्रार प्राधिकरण स्थापन केले आहे. हे प्राधिकरण पोलिस अधिकार्‍यांविरुद्धच्या लोकांच्या तक्रारी पाहते. हे प्राधिकरण मुळात निवृत्त न्यायाधीशांच्या अध्यक्षतेखालील एक पॅनेल आहे जे पोलिसांविरुद्धच्या गैरवर्तन किंवा निष्क्रियतेची प्रत्येक तक्रारींवरील सुनावणी करते. महाराष्ट्राने २०१४ मध्ये पोलिस तक्रार प्राधिकरण (PCAs) ची स्थापना साली. पोलिस कर्मचार्‍यांविरुद्ध जनतेच्या तक्रारींची चौकशी करण्यासाठी ही एक स्वतंत्र संस्था स्थापण्यात अली आहेत. PCA मध्ये गंभीर गैरवर्तन, भ्रष्टाचार आणि अधिकाराचा गैरवापर अशा आरोपांच्या प्रकरणांशी कारवाई केली जाते. महाराष्ट्रात, राज्यस्तरावर एक PCA आणि नाशिक, पुणे, औरंगाबाद, नागपूर, अमरावती आणि कोकणात विभागीय स्तरावर सहा PCA आहेत. भारतातील प्रत्येक राज्यात एकापेक्षा जास्त PCA अ...
Post a Comment
Read more

Bombay High Court uplifts developer selection in a prolonged housing society redevelopment dispute

     In a landmark judgment, the Bombay High Court has upheld the choice of Shubham Builders as the developer under the redevelopment project of Kanchan Villa Co-operative Housing Society in Malad (West), Mumbai. A division bench headed by Justices B.P. Colabawalla and Somasekhar Sundaresan has pronounced the judgment on the challenge to a notice of motion wherein the court would determine if the selection process followed by the developer had, at all, kept with the letter and spirit of the law, after which it would have ramifications on redevelopments by cooperative housing societies. Background      The case lies in the trench of controversy that has been on for long over the selection of Shubham Builders for the redevelopment of the Kanchan Villa Co-operative Housing Society, which was wallowing in litigation for a little more than a decade. Appellants, being members of the society, had, in the meantime, questioned the selection of the developer in the h...
Post a Comment
Read more