Divorce Law In India: Divorce Process In India

Divorce is an event that severely disrupts life and may cause considerable stress—financial, emotional, and visit official website even spiritual, and is one of the most traumatic events that can happen to any marriage. Divorce is highly stigmatised in India. Divorce is a personal affair and is governed differently for various religions.

The divorce process in India is governed by the Hindu Marriage Act of 1955 for Jains, Sikhs, Hindus, and Buddhists. The Dissolution of Muslim Marriage Act,1939, rules divorce laws for Muslims, the Parsi Marriage and Divorce Act,1936, governs divorce laws for Parsis, and the Indian Divorce Act,1869 governs divorce laws for Christians. The Special Marriages Act of 1954 governs all intercommunity marriages.

Types of Divorce Petitions
Divorce petitions are of the following types:

Divorce with mutual consent
A married couple can seek a divorce from the courts if they voluntarily agree to dissolve their marriage. However, the marriage will not be immediately dissolved by the court. It is essential to demonstrate that the couple has been living separately for at least a year or two for granting the divorce petition.

A divorce petition may be filed not because of a disagreement between the husband and wife but because of financial difficulties that prevent the pair from earning a living. The couple could seek a divorce with mutual consent in such instances.

When a husband and wife seek a divorce, they should consider the following three factors:

First, the quantity of time that the pair need at a minimum and a maximum.
The issue of child custody is the second facet. When a couple divorces by mutual consent, it is up to them to decide who will retain custody of their kid. Custody can be shared or exclusive, depending on the agreement of both parties.
The third factor is property, specifically how much of the husband’s property and the property the woman will receive.
Various laws specify varying time frames for the divorce procedure of couples belonging to different religions. To commence divorce procedures, both the husband and wife must have lived apart for a minimum of one year, according to Section 13B of the Hindu Marriage Act, 1955.

Christians are governed by different laws. According to the Divorce Act of 1869 Section 10A, the spouse must live apart for a minimum of 2 years before the divorce filing. Living apart does not imply that the couple must reside in two distinct places. It is sufficient to show that they were not living as husband and wife even though they lived together.