In essence, a divorce is the dissolution or termination of a marriage after the due process of law has been followed, for a variety of reasons and growing differences between the husband and wife. Divorce by Consent and Contested Divorce are the two types of divorce procedures. In India, marriage and divorce are governed by special marriage laws as well as the personal laws of each individual religion since they are purely personal matters. We’ll talk more about how different personal laws in India govern divorce laws depending on the parties’ respective religions.
Indian Laws For Divorce
The fundamental legal procedure for filing for divorce begins with submitting a divorce petition to a family court that has jurisdiction over the court designated by the applicable statute. The process continues until the final decree or order of divorce is issued. There are multiple steps in the process, such as filing the petition, serving summonses, receiving responses, holding a trial, obtaining interim orders, and finally receiving the final divorce decree. With a few minor exceptions, every religion can use this process.
The length of separation, the grounds for divorce, the paperwork required during the divorce process, and in certain situations, the court where the divorce petition is filed vary according to one’s religious beliefs.
Divorce Under Hindu Laws
The Hindu Marriage Act, 1955 addresses both types of divorces: contested and with mutual consent (Section 13). The parties’ mutual consent and a minimum of one year of separation are requirements for filing a petition for mutual consent. Either spouse may file for a contested divorce on the grounds of desertion, adultery, cruelty, insanity, venereal disease, renunciation, or if one spouse hasn’t been heard from for more than seven years. Under the same section, the wife alone is granted certain special grounds, such as sodomy, rape, bestiality, marriage before reaching the age of 15, and a maintenance decree granted to her after a year of separation.
According to Section 19 of the Hindu Marriage Act of 1955, the petition, along with the necessary documents depending on the type of divorce, may be filed in a district court within local limits that has ordinary original civil jurisdiction.
Muslim Laws On Divorce
Both the judicial and extra-judicial processes are available to Muslims seeking a divorce. In accordance with Section 2 of the Dissolution of Muslim Marriage Act, 1939, a woman may file for divorce in any civil court that has jurisdiction if her husband has not been in contact with her for at least four years, has neglected her, has been imprisoned for seven years or longer, is incapable of fulfilling his obligations, is suffering from impotence, is insane or suffering from a venereal disease, is cruel, or was married before she is fifteen years old.
There are seven different types of divorces under the additional judicial processes; the husband may file for a divorce under Talaq-E-Sunnat, Ila, or Zihar. According to Lian and Talaq-I-Tafweez, the wife may file for divorce. Both spouses may file for divorce with mutual consent in accordance with Khula and Mubarak.Following the passing of the Muslim Women (Protection of Rights on Marriage) Act, 2019, talaq-e-biddat has ceased to be a recognized form of divorce.
Divorce Laws For Parsis
In accordance with the Parsi Marriage and Divorce Act, 1936, Sections 30, 31, and 32 address divorce provisions based on a variety of grounds, such as inability to consummate the marriage (Section 30), refusal to consummate (Section 31), being heard as alive for seven years (Section 31), pregnancy by someone other than the spouse (Section 32), cruelty, bigamy, rape, unnatural acts, adultery, imprisonment for seven years or more, and venereal disease. Two years are required for the separation period. When consent is free, Section 32B allows for a divorce by mutual consent.
Only before a special court established under Sections 19 and 20 of the Parsi Marriage and Divorce Act, 1936, may Parsis in India file a petition.
The Special Marriage Act, 1954
The Marriage and Divorce of Intercommunity Marriages is Covered By This Act. The Special Marriage Act of 1954 addresses divorce under Section 27. Based on adultery, conviction and imprisonment for more than seven years, desertion, cruelty, unsound mind or mental disorder, venereal disease, or disappearance for seven years, either spouse may file a petition for divorce in a district court. The Wife May File For Divorce Based On Maintenance Decree, Bestiality, Sodomy, And Rape. Under this Act, a mutual divorce is also possible if the parties have been living apart for a year.
Divorce Lawyer: Roles and Responsibilities
In the event that you need to file a divorce petition or handle any related legal matters, a divorce lawyer is essential. Generally speaking, it makes sense that legal counsel would be required if you ever need to approach a court of law. When it comes to divorce, divorce attorneys are crucial in determining the underlying issues as well as in courtroom litigation.
A divorce lawyer assists the client in making the best decision by assisting them in comprehending all the technicalities and various provisions involved. Effective Divorce Attorneys Assist Their Clients In Resolving Divorce, Child Support, Maintenance, Alimony, and Other Disputes. When there is a child involved in a divorce, the lawyer’s primary duty becomes the custody case.
How to file a divorce petition in India ?
Divorce is covered in the article above in all religions in two different forms: mutual and contested. It’s important to remember that the petition will be filed appropriately depending on the type of divorce.
In the event of a parsi, special courts are established under sections 19 and 20 of the Parsi and Marriage Act, 1936. The first step in the divorce process is to file a petition for divorce in the family court with jurisdiction. When a divorce is contested, the grounds must be determined before the petition is filed. In the case of a mutual divorce, the separation requirements must be satisfied in accordance with various acts.
The documentation needed to file a divorce petition in both mutual and contested divorces differ slightly. In a mutual divorce, you must provide proof of separation, family history, property details, assets, and unsuccessful attempts at reconciliation. In a contested divorce, on the other hand, you must provide evidence to support your claim of the divorce ground. Other than that, both require address proofs, wedding photos, financial and professional proofs, and a marriage certificate.
When a petition is filed with the court, the court will review it and decide whether to admit it or dismiss it. In a mutual divorce, the parties appear together and the petition is reviewed at that time; in a contested divorce, the petition is reviewed first, the parties appear, and then the divorce process is started.
For Muslims, if they choose to pursue an extrajudicial divorce, they don’t have to file for divorce; instead, they can proceed through mediation and finalize their divorce after the Iddat period, which is equivalent to three menstrual cycles, during which time all guidelines are outlined in the Holy Quran.
How can Divorce Mediation help?
Divorce mediation is an alternative dispute resolution mechanism that seeks to settle marital dissolution disputes without requiring the completion of all necessary legal paperwork. The court also specifies a cooling-off period and mediation guidelines when we file a divorce petition, but divorce mediation can easily happen in front of a mediator—a third party—without even needing to appear in court, saving a ton of time and money.
In India, the number of divorce cases is rising quickly each year, according to a UN report titled “Progress Of The World’s Women 2019-20.” shown that during the previous two decades, India’s divorce rate had doubled. From 2011 to 2020, the City of Mumbai saw 22 divorce petitions filed every day. Given this increase, it is crucial to adopt divorce mediation as a workable alternative that can effectively settle disputes between husband and wife amicably and without any difficulty. Divorce mediation has a great deal of potential to settle marital disputes and preserve relationships by giving the parties a fair opportunity to discuss and work out all of their issues.
Divorce mediation is a very helpful process since it can be started and finished without any hassle and is more economical and time-efficient than the traditional litigation method, which requires a significant investment of time and money. Divorce mediation does a good job of keeping the parties’ confidential information private. Mediation can be a useful substitute for resolving marital disputes in totality divorce.
Divorce Mediation through Online Dispute Resolution
Online Dispute Resolutions Provide Alternative Dispute Resolution Services Through Online Means, Making It Even More Convenient To Resolve Disputes Without Going Anywhere. Online Dispute Resolution As A Process Is Economical, Trouble-Free, And Time-Efficient.
WeVaad Is An Online Platform That Provides Services Related To Alternative Dispute Resolutions Online; Arbitration, Mediation, And Conciliation. The Parties Facing Matrimonial Disputes Can Easily File Their Case With WeVaad. The Process Is Entirely Voluntary And The Parties Are Free To Withdraw At Any Moment, We Make Sure Not To Hamper The Confidentiality Of The Parties. We Have Legal Experts Who Can Act As A Mediator And Aid In Resolving Disputes. If You Are Facing Any Matrimonial Issues Feel Free To Reach Out To WeVaad.