Knowing everything you have to go through when proceeding with a divorce case makes you face fewer troubles. Divorce in India is governed by personal laws based on religion and the secular special marriage act. Here, find a complete guide to proceed with your divorce. No matter which path your marriage followed, Century Law Firm aims to ease your hassle through the divorce process
Types of Divorces in India
Divorce in India can be broadly classified into two types:
- Mutual Consent Divorce – When both spouses agree to separate amicably.
- Contested Divorce – When one spouse proceeds further citing legal grounds without the consent of the other.
Grounds for Divorce in India
The grounds for divorce differ based on the religion of the spouses. Below are some common legal grounds:
Hindu Marriage Act, 1955
- Adultery
- Cruelty (physical or mental abuse)
- Desertion (for at least two years)
- Conversion to another religion
- Unsound mind or mental disorder
- Venereal disease in a communicable form (leprosy was removed as a ground in 2019)
- Renunciation of the world (e.g., becoming a monk or nun)
- Presumption of death (spouse missing for seven years)
Muslim Personal Law
- Talaq (by husband)
- Khula (by wife)
- Mubarat (mutual agreement)
- Faskh (judicial intervention for reasons like cruelty or desertion)
Indian Divorce Act, 1869 (for Christians; the Christian Marriage Act, 1872 governs only solemnisation)
- Adultery
- Cruelty
- Desertion
- Insanity
- Conversion to another religion
Parsi Marriage and Divorce Act, 1936
- Adultery
- Cruelty
- Desertion
- Unsound mind
- Non-consummation of marriage
- Communicable diseases
- Bigamy
Special Marriage Act, 1954 (For Interfaith or Civil Marriages)
- Adultery
- Desertion
- Cruelty
- Mental disorder
- Venereal disease in a communicable form
- Presumption of death
Mutual Consent Divorce Procedure
If you want to make the process further, talk to your spouse first. Consented divorce is the simplest and fastest way to end a marriage. The process involves:
Filing a Joint Petition – Both spouses have to file a petition in the family court.
Cooling-off Period – Both of them are given a six-month waiting period to reconsider the decision. If you ask, this period is waived in certain cases.
Final Hearing and Decree – The court grants a divorce decree if reconciliation does not happen.
Contested Divorce Procedure
A contested divorce is more complicated and time-consuming. Here, the steps include:
Filing a Petition – One spouse files for divorce citing legal grounds.
Court Summons and Response – The other spouse is notified and given a chance to respond.
Evidence and Trial – Both parties present their arguments and evidence.
Judgement and Decree – The court decides based on the merits of the case.
Alimony and Child Custody
- Alimony/Maintenance – One spouse may be required to provide financial support to the other, depending on factors like income, employment status, and lifestyle.
- Child Custody – The court prioritizes the welfare of the child, granting custody to one parent and visitation rights to the other.
Property Division
In India, no automatic equal division of assets happens. So, the court takes factors like ownership, financial contribution, and the spouse’s needs in consideration before deciding property distribution.
Divorce laws depend on religion, personal laws, and civil statutes making things diverse. Understanding legal rights and procedures can help ensure a fair and smooth process whether opting for a mutual or contested divorce. Legal counsel from the best practitioners eases the process. However, verify their qualities, reviews, and previous case history for a smooth proceeding. Century Law Firm in Delhi offers guidance and expert consultation in divorce cases. So, you can opt for the best lawyers from the firm. Fees and other charges are negotiable.
