Want to know how to apply for divorce in India?
Talaak.in will help you to understand the full procedure to file divorce. The law for filing divorce all over India is same but the different states may follow different procedures. In India, Divorce can be filed in different ways i.e. Mutual, Contested etc.
1. DIVORCE WITH MUTUAL CONSENT:
According to the divorce laws in India under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court through a divorce lawyer. Mutual consent means that both parties agree to peaceful separation. Mutual Consent Divorce is a simple way of coming out of the marriage and dissolving it legally.
An important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach a consensus. One is the alimony or maintenance issues. As per Law, there is no minimum or maximum limit for maintenance. It could be any figure or no figure.
The next important consideration is Child Custody. Child Custody in Mutual Consent Divorce can be shared or jointly or exclusively, Depending upon the understanding of the spouses.
2. CONTESTED DIVORCE:
In case of a contested divorce, there are specific grounds. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. The reasons for divorce are as follows, though some are not applicable to all religions. Following are some of the grounds for divorce in India:
Cruelty, Adultery, Desertion, Conversion, Mental-Disorder, Communicable Disease, Renunciation of the World, Presumption of Death
How to Apply?
To apply for divorce it is always recommended to the spouses to approach a lawyer who is an expert in this field. The process of how to apply for divorce in India might look easy for those who has a basic knowledge of family law and court procedure and might look tough for those who do not have a clear idea about either the law or the procedure. In the Other blogs I shall discuss in details about the procedure to file divorce in India.
The aforementioned two are the basics divorce law in India and excepting these two there are separate laws as per the personal laws of different religions and
also under the Special Marriage Act.
(The aforementioned information is for basic knowledge. It should not be considered as legal advice). For legal advice with a legal expert visit Talaak.in.