Marriage is not only a legal transaction but also a deeply embedded social and religious institution in India. However, there are a number of methods to file for divorce under Indian law when a marriage becomes unworkable. Both the secular Special Marriage Act and religiously orientated personal laws regulate the divorce process and reasons. In India, disputed divorce as well as mutual consent divorce are the two basic divorce processes.
Recognising the Various Procedures for Divorce Filing in India
- Divorce that is done taking mutual consent
The quickest and most peaceful approach to dissolve a marriage is by mutual consent divorce. According to Section 13B of the Hindu Marriage Act, 1955 or Section 28 of the Special Marriage Act, 1954, both spouses must agree to a divorce and settle matters such as child custody, alimony, and property division.
Important prerequisites:
- For a minimum of one year, the couple are supposed to live apart.
- Both sides must consent willingly and free from pressure.
- In a family court, the petition is submitted jointly.
- There is a six-month cooling-off period, which the court may waive in some circumstances.
- After the mandatory cooling-off period, a second motion is put forward, and the court will approve the divorce only if both parties continue to agree. Usually, this kind of divorce is granted in six to eighteen months.
- A Divorce Under Contest
When one spouse wants a divorce and the other does not agree, it becomes a contentious divorce. The petitioner spouse is required to provide certain legal justifications that are accepted by the applicable personal law. The following are typical reasons for divorce under the Hindu Marriage Act:
- Cruelty (physical or emotional)
- Adultery
- More than two years of desertion
- Change of religion
- Insanity or a mental illness
- Infectious illness (e.g., venereal disease, leprosy)
- Giving up the world (becoming a Sanyasi or monk)
- Presumption of death after seven years of the spouse’s disappearance
- The procedure entails court hearings, witness examinations, and legal arguments, and each premise must be supported by proof. This may take years.
- Personal Laws Based on Religion Other societies have their own divorce laws:
- Muslim law: allows for talaq (divorce initiated by the husband), khula (divorce initiated by the wife), and mubarat (consensus between two persons). The Supreme Court’s recent ruling declared triple talaq to be illegal.
- Christian law: The Indian Divorce Act of 1869 governs Christian law. Adultery, cruelty, and or desertion are some of the grounds.
- Parsi Law: There are certain justifications and processes that are allowed under the Parsi Marriage and Divorce Act, 1936.
- The 1954 Special Marriage Act
Civil or interfaith marriages are subject to this secular legislation. It has procedures for both contentious and mutual divorce, which are comparable to those found in the Hindu Marriage Act but differ slightly in terms of timing and process.
Conclusion: In India, divorce can be both emotionally and legally complicated, but knowing the legal options accessible to you will help you make wise choices. Seeking legal guidance guarantees that rights and duties are appropriately handled, whether choosing to challenge the separation or settle for mutual consent. Divorce laws in India are progressively becoming more progressive as society changes, with the goal of lessening the stigma and making the process easier for both parties.