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Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union. Divorce usually entails the canceling the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries divorce requires the sanction of a court or other authority.
Understanding divorce laws in India
Dissolving a marriage is a legally complicated process In India. India is a country formed by a number of religions, accordingly there are various laws of divorce for different religions in India such as:
- 1. Hindu Marriage Act, 1955 is applicable for all the Hindus including Sikh, Jain, and Budh.
- 2. The Divorce Act, 1869 is applicable to Christians.
- 3. The Dissolution Of Muslim Marriages Act, 1939, Muslim Personal Law (Shariat) Application Act, 1937 and The Muslim Women (Protection of Rights on Divorce) Act,1986, is applicable to Muslims.
- 4. The Parsi Marriage and Divorce Act, I936 is applicable to Parsis.
- 5. The Special Marriage Act, 1954.
- 6. The Foreign Marriage Act, 1969.
Type of Divorce in India
Contested divorce is when one of the spouse is not willing to divorce the other spouse, under such condition the divorce is granted only on certain grounds according Un-Contested Divorce
Un-Contested divorce / Mutual Consent Divorce is when both the parties are able to come to an agreement (either with or with lawyers/mediators) about the alimony, property, child custody, visitation rights.) and file joint petition for Mutual Consent Divorce. This is the best possible divorce in India without dragging the matters for years.
Divorce Vs Annulment
Divorce dissolves a existing marriage, whereas a marriage that is annulled never existed at all.
- Marriage photos 2 or 4 along with original digital copy on DVD / Pen Drive
- Marriage Certificate / Marriage invitation card
- Residential Proof (Any Government ID / Address Proof)
- Document of evidences / proofs
Frequently Asked Question:
- Can I apply for the divorce within a year of marriage ?
- Sec 14 of HMA clearly says that "No petition for divorce to be presented within one year of marriage" since the date of marriage. It can be presented on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent.
- Jurisdiction / which place i can file for divorce ?
- 1.Where the marriage was solemnized
2.The respondent, at the time of the presentation of the petition, resides
3. In Case the wife is the petitioner, where she is residing on the date of presentation of the petition
4. Last resided together
- How long does it take for contested divorce in India
- It may take anything from 3 years to 15 years or more.
- When divorced persons may marry again?
- When marriage is dissolved by the court, and there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal, or an appeal is presented but dismissed, it shall be lawful for the either party to the marriage to marry again.
- What is cruelty for the purpose of divorce?
- A feeling of mental agony, anguish, depression, apprehension of harmful or danger to life, in one spouse caused by the other spouse’ conduct, can be appreciated on assessing the facts and circumstances. There are many cases decided by Supreme Court of India e.g. G.V.N. Kameswara Rao Vs. G. Jabilli , Parveen Mehta Vs. Inderjit Mehta and more.
- What is desertion for the purpose divorce ?
- Desertion is not a single act complete in itself, the continuous court of conduct to be determined under the facts and circumstances of the case. Such as what are the efforts made in the desertion for reunion and failed etc. There are many cases decided by the Supreme Court of India one of them is Savitri Pandey Vs. Prem Chandra Pandey.
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Author:G.M.Rao Advocate, Date Published: 2021-01-05, Rating: 4.8-265 reviews