Want to know what is the Law for divorce in India?
The divorce procedure can be started either by Husband or Wife or by both. Papers for divorce can be prepared by Lawyers according to the rules and procedures. The law for filing divorce all over India is the same but the different states may follow different procedures. In India, The Divorce Can Be Filed Under Personal Laws As Well As Under the Special Marriage Act 1954. In general, you may file divorce MUTUALLY or by way of CONTESTING. Divorce can be filed in different ways i.e. Mutual, Contested, etc. To know in detail click here.
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However, In India, divorce can be filed under personal laws as well as under Special Marriage Act 1954.
In general, you may file divorce MUTUALLY or by way of CONTESTING.
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. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses.
2. CONTESTED DIVORCE:
In case of a contested divorce, there are specific grounds on which the petition can be made. 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
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 the basic knowledge which should not be considered as legal advice)