Divorce Procedure in India

Divorce Procedure in India

Divorce in India is certainly not an easy procedure. The entire process of divorce that starts from coping up with emotional ups and downs to contesting for the long awaited divorce decree for several months is definitely a tough affair to get through. Before opting for a divorce, you should be aware of the fact that a divorce procedure in India extents for almost a year and in some special cases of disputes the procedure may continue for years. The long distressing process of divorce will be easier for you to handle if you have a firm determination to get the divorce.

Due to existence of various religious faiths in India, the Indian Judiciary has implemented laws separately for couples belonging to different religious beliefs.

Divorce procedure in India is based on the following acts.

1.     The Hindu Marriage Act, 1955

2.     The Parsi Marriage and Divorce Act, 1936

3.     The Dissolution of Muslim Marriage act, 1939

4.     The Parsi Marriage and Divorce Act, 1936

5.     The Special Marriage Act, 1956

6.     The Foreign Marriage Act, 1969

With the advancement of time and social awareness, several acts have been passed by the Government of India to make the present day divorce procedure more progressive with respect to gender affairs and related sensitive issues. The Muslim Women Act 1986 was passed to protect the rights of Muslim women on divorce. For inter-caste and inter-religion marriages, the divorce laws are permitted under the Special Marriage Act, 1956.

A contested divorce is filed on the grounds that are mentioned in the acts passed out separately for different Indian religions.

Getting a divorce through mutual consent should always be preferred over the contested divorce as the procedure of getting a mutual divorce is simpler in comparison to that of the other. For a mutual divorce procedure in India, you can come to an agreement with your spouse where you may resolve all kinds of disputes regarding maintenance, custody of children and such.

Under Section 13B of the Hindu Marriage Act, a husband and wife can file a mutual divorce only when they have lived apart for at least a year. The couple must jointly mention about their inability to continue the marital relationship due to some unavoidable circumstances. Both the sides must voluntarily agree to dissolve the marriage.

The filing of a mutual divorce by both the husband and the wife is termed as ‘the first motion’. A couple can file for a second motion after a gap of six months. The six months time span is provided to the couple so that they get the time to reconsider their marriage.

A divorce decree can be passed before the completion of the six months term if all the mandatory requirements for the divorce are sufficed. If the divorce file is not withdrawn within eighteen months the court passes a divorce decree. In case one of the sides withdraws his/her petition, the court initiates to make an enquiry. If the concerned side disagrees to give the consent, the court holds no right to pass the divorce judgment.