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The procedure for obtaining a divorce in India can vary based on the type of divorce (mutual consent, i.e. when both the parties want to divorce, or contested i.e. when only one of the parties wants to divorce) and personal laws governing the parties (Hindu, Muslim, Christian, etc.). Here's a general outline for Hindu marriages:
Mutual Consent Divorce:
Joint Petition: Husband and wife jointly file a petition for divorce under Section 13B of the Hindu Marriage Act, stating that they have been living separately for at least one year and mutually agree to dissolve the marriage.
First Motion: The court records statements from both parties and adjourns the case for six months (cooling-off period).
Second Motion: After six months and within 18 months, both parties must appear before the court to confirm their intention to divorce. The court will then pass a decree of divorce.
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Contested Divorce:
Filing a Petition: Either husband or wife files a petition for divorce under relevant grounds specified in the Hindu Marriage Act. These grounds can be cruelty (mental or physical torture to the other party), adultery (involved with some other person while still in marriage), desertion (not living together), etc.
Service of Notice: The court issues a notice to the other spouse to appear and respond.
Response: The other party (husband or wife) files a written statement in response to the petition.
Evidence and Arguments: Both parties present evidence and arguments supporting their case.
Decree: After considering the evidence and arguments, the court will pass a decree either granting or denying the divorce.
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FAQs
FAQ 1: What are the grounds for divorce in India?
Answer: Grounds for divorce in India include cruelty, adultery, desertion, conversion, mental disorder, and irretrievable breakdown of marriage. These are defined under various personal laws. Check Hindu MarriageAct , 1955 for more.
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FAQ 2: What is the procedure to file for divorce?
Answer: File a petition in the family court, serve notice to the spouse, attend mediation if required, and undergo court hearings. After examining evidence, the court will grant the divorce decree.
References:
Written by Arshita Anand
Arshita is a final year student at Chanakya National Law University, currently pursuing B.B.A. LL.B (Corporate Law Hons.). She is enthusiastic about Corporate Law, Taxation and Data Privacy, and has an entrepreneurial mindset
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Further Reading
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