In India, divorce is governed by the Hindu Marriage Act of 1955, the Special Marriage Act of 1954, the Indian Divorce Act of 1869, and the Muslim Personal Law (Sharia) Application Act of 1937. There are a variety of divorce petitions that can be filed, depending on the circumstances and grounds for divorce. This article examines the numerous types of divorce petitions in India, including contested and uncontested divorce, grounds for divorce, special provisions for women, and procedures for mutual consent and contested divorce.
Uncontested Divorce
A divorce that is uncontested is one in which both parties agree to the divorce and its conditions, including child custody, alimony, and property distribution. Because there is no need for a trial or drawn-out legal struggle, this sort of divorce is typically quicker and less expensive than a contested divorce. In order to petition for an uncontested divorce in India, the parties must have lived apart for at least one year. It would be in their best interest to hire a divorce lawyer in Chandigarh who is both knowledgeable and experienced to help them through the process and ensure the best possible outcome.
Grounds for Obtaining Divorce
According to Indian law, divorce can be granted for a variety of reasons. These grounds differ based on the faith of the parties.
In Hindu marriages, divorce is permissible for the following reasons:
-Adultery
-Cruelty
-Desertion
-Conversion to another religion
-Mental or physical incapacity
-Renunciation of the world
-Presumption of death
-Irretrievable breakdown of marriage (recently added by way of amendment in 2021)
In Muslim marriages, divorce is permissible for the following reasons:
-Talaq (divorce initiated by the husband)
-Khula (divorce initiated by the wife)
-Mubarat (mutual divorce)
In Christian marriages, the following are grounds for divorce:
-Adultery
-Desertion for at least two years
-Cruelty
-Conversion to another religion
-Insanity for at least two years.
Special Provisions for Wives
There are special provisions for divorce-seeking wives in India. The purpose of these provisions is to protect the rights of financially dependent wives. During the pendency of divorce proceedings, a wife may seek alimony or maintenance from her husband under the Hindu Marriage Act. The court will consider both parties’ income and assets when determining the amount of alimony to be awarded.
In accordance with the Muslim Personal Law (Shariat) Application Act of 1937, a divorced Muslim wife is entitled to maintenance for three months following the divorce. This is called iddat. If the wife is pregnant at the time of the divorce, she is entitled to alimony until the birth of the child or for two years, whichever is longer. Typically, the amount of maintenance awarded to the wife is determined by the husband’s income and the wife’s and any children’s needs.
Types of Divorce Petitions in India
In India, divorce petitions can be filed either with the consent of both couples or disputed in court. In India, couples can file for divorce for a variety of reasons, including cruelty, adultery, desertion, and mutual consent. Before beginning the divorce procedure, it is crucial to consider all of your available options. In cases involving accusations of adultery or cruelty, it may be advisable to consult with a criminal lawyer in Chandigarh. They can help clients get a fair outcome by giving them guidance and representing them in court. Let’s go through the different forms of divorce petitions.
Mutual Consent divorce
In a divorce by mutual consent, both parties agree to the dissolution of the marriage. This type of divorce is commonly regarded as the easiest and quickest option to seek a divorce in India. The divorce by mutual consent procedure is described in detail below.
Procedure for Mutual Consent Divorce:
Step 1: Drafting and Filing the Petition
The first step in obtaining a mutual consent divorce is for both spouses to file a joint petition. The petition should say that both parties have amicably consented to dissolve their marriage and that there are no unresolved difficulties between them, such as custody of children, division of property, or support. The petition should also include information concerning the marriage, such as the date and location of the marriage registration.
After drafting the petition, it must be submitted to the family court with jurisdiction over the case. The petition must be signed by both parties, and each signature must be attested by a notary public.
Step 2: Appearance in Court
Once the petition has been filed, both parties must appear in court simultaneously. The court will confirm that both parties desire a divorce and that there are no remaining difficulties between them. The court may also request reconciliation, but if both spouses are certain about getting a divorce, it will proceed with the divorce proceedings.
Step 3: Cooling-off Period
After the initial court appearance, the court will mandate a six-month cooling-off period. During this time, both parties must attempt to resolve their differences. When the cooling-off period expires, they may proceed with the divorce if they are unable to reconcile.
Step 4: A Second Appearance in Court
After the cooling-off period expires, both parties are required to reappear in court. The court will then confirm that both parties continue to seek a divorce and that there are no remaining concerns between them. If the court is satisfied, a divorce decree will be issued.
Procedure for Contested Divorce
When a divorce is contested, the parties cannot reach an agreement on one or more divorce-related matters. They may include child custody, child support, alimony, and property partition. In this article, the procedure for a contested divorce will be discussed.
Step 1: Hire an Attorney
The initial step in a contested divorce is to retain an experienced divorce attorney. The lawyer will represent you in court and guide you through the intricate legal process. They will also provide legal counsel and negotiate on your behalf with your spouse’s attorney.
Step 2: Filing the Petition
The next step is filing a divorce petition with the court. The petition should specify the grounds for divorce and the contentious topics. Included among the reasons for divorce are irreconcilable differences, infidelity, desertion, and cruelty. Your spouse must be served with the petition and will have an opportunity to react.
Step 3: Discovery
The following phase is the discovery procedure, where both sides exchange information pertinent to the case. These could include bank paperwork, medical records, and other records. Both parties may be required to answer interrogatories or written inquiries under oath.
Step 4: Temporary Orders
Throughout the divorce procedure, the court may issue temporary orders. These orders may address issues including child custody, child support, and alimony. The temporary orders will be in effect until the divorce is finalized.
Step 5: Mediation
Numerous courts mandate that parties attempt to resolve their issues through mediation. A neutral third person helps the parties negotiate a settlement during mediation. The mediator does not have the capacity to make decisions but can help the parties come to an agreement.
Step 6: Trial
The case will proceed to trial if the parties cannot reach a settlement through mediation. A judge will evaluate the evidence presented by both parties and render a ruling on the contested issues. The decision of the judge will be final and binding.
Step 7: Final Decree
A final divorce decree will be issued once the judge rules on all contested matters. The divorce decree will specify the split of assets and liabilities, as well as the allocation of parental responsibilities and financial support for any minor children. The judgment shall be final and binding on the parties.
Conclusion
In India, you can file a divorce petition in one of several ways, each with its own set of rules and procedures. Those seeking a divorce must carefully consider their options and make an informed decision based on their unique circumstances.
Looking to get divorced in India but don’t know which petition to file? Get in touch with SL Legal services firm so that our top divorce lawyers in Chandigarh can assist you in understanding the intricacies of the law and defending your interests in court. Just leave the legal matters to us, so you can focus on moving forward with your life.