Divorce Filing is an important process which is going to affect both the parties, it is done with proper understanding situations and different aspects of both parties’ conditions. It is only possible when the parties provide proper information otherwise it leads to drag the case into years to solve and get divorce.
Indian Divorce Act 1869.
The Indian Divorce Act was drafted into the Indian legal system in the year 1869. In India divorce rules and procedure varies according to the community of the couple. As stated above divorce among Christians is governed by the Indian Divorce Act, 1869, Hindus, Buddhists, Sikhs and Jains by the Hindu Marriage Act, 1955, Muslims by the Dissolution of Muslim Marriages Act, 1939, Parsis by the Parsi Marriage and Divorce Act, 1936 and the civil and inter-community marriages by the Special Marriage Act, 1956. The State of Jammu and Kashmir is excluded under the ambit of this divorce Act, though residents domiciled in other states but residing in Jammu and Kashmir would qualify for these rules and provisions.
A divorce is among the most distressing occurrences for any couple. In life of relationship being happier with partner is more important than any other aspect, that keeps every individual life successful and enriches in personal life as well as in the societal identity. If anything, that is not working good after a long trail of advices, change of attitude and other aspects, definitely need to look yourself.
A couple can get a divorce with mutual consent, or either spouse may file for divorce without the consent of the other.
There are two types of approaches to file an application for divorce. One is “by mutual consent” and the other is “by contest”.
Types Of Divorce in India
Divorce with Mutual Consent
When both the partners are just as annoyed with one another and decide for good to dissolve their marriage, a mutual consent divorce can be obtained. Section 13-B of the Hindu Marriage Act provides for a mutual divorce for Hindus, Sikhs, Jains, and Buddhists.
Contested Divorce in India
The contested divorce is the type in which the spouses cannot arrive at an agreement on one or more key issues in order to conclusively terminate their marriage. When spouses cannot arrive at an agreement, even with the assistance of their legal counsel (if any), they must approach a court to adjudicate their dispute. Contested divorces are commonplace now, especially since there are so many different issues to resolve during the course of terminating a marriage.
Contested Divorce include sensitive topics such as:
child custody, child support, property division, asset distribution, debt allocation, alimony, temporary spousal support
Grounds for Divorce in India
The grounds for divorce in India mentioned under the Hindu Marriage Act, 1955
Not Heard Alive
No Resumption of Co-habitation
Grounds For Divorce In Christian Law
The grounds of divorce mentioned under the Divorce Act, 1869. Divorce Law applicable for Christians.
Conversion to another religion.
Continuous absence of seven years.
Pregnancy by some other man
Adultery, bigamy, fornication, rape, or any other type of perverse sexual act.
Act of cruelty.
Suffering from venereal disease or forcing the wife into prostitution.
Sentenced to prison for seven years or more.
Desertion for two or more years.
Documents Required for Divorce filing in India
Income Tax statements for the past 3 years
Details of your profession and your present remuneration
Personal information (birth, family members etc.)
Asset ownership details
Address proof of husband
Address proof of wife
Four passport size photographs of marriage of husband and wife
Evidence proving spouses are living separately since more than a year
Evidence relating to the failed attempts of reconciliation
Information relating to family background
Submitting copies of outrageous acts like putting up advertisements in newspapers, if any.
Divorce Filing Procedure
Lawyer files a petition in court.
The court will send a copy of the petition to your spouse.
The spouse could contest or agree to the divorce. If he/she contests it then the length of the process would depend on the facts of the case.
In case of mutual consent, the spouses need to prove that they have been staying apart for more than a year.
Once the proceedings are over the court gives a period of six months to reconsider the decision to divorce.
In case the petitioners don’t withdraw the petition, the court grants the decree to divorce.
It Is Better to Consult Divorce / Family Law Experts to Handle Divorce Filing, Mutual Divorce and Contested Divorce Cases.