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Laws and acts for divorce in India and what is its process

There are various divorce laws of different religions in India and all the religions having miscellaneous divorce laws which are implanted among themselves, also have formulated different and separate laws for inter-caste or inter- religion marriages.

Divorce laws and acts in India for all the different religions are listed below:

Hindu (including Sikhs, Jain and Buddhist) – Hindu marriage act, 1955

Christians – India Divorce act, 1869

Parsis – The Parsi marriage and divorce act, 1936

Muslims – Dissolution of Muslims marriages act, 1939

Inter-caste or inter-religion – Special Marriage act, 1954.

The Indian divorce act, Hindu marriage act, Special marriage act, Muslims marriage act, Parsi marriage and divorce act provides abolition of the marriages since its very beginning, on grounds such as non completion of mandatory conditions. In India, the divorce act requires a confirmation from the High Court to come into effect. Grounds on the basis of which divorces occur here under the Hindu marriage act, 1955 there are basically four types of grounds that are: Adultery, Cruelty, Desertion, Impotency, Chronic Diseases.

Methods to file a divorce in India:

First motion of petition by mutual consent divorce refers to the process for asking a divorce by a mutual consent is initiated by filing a petition, followed by affidavits from both the partners, in the district court.

Above method contains a joint statement by both the partners that because of their non-tolerable differences they can’t stay longer together and should be asked a divorce by the court.

After six months, the couple has to re-present before the court after filing a second motion petition for mutual consent divorce.

A time period of six months is given to the couple between the two motions, so that they had got enough time to reconsider and think about their decision of dissolving the marriage.

After hearing the both concern of the husband and wife if the Judge is satisfied with the all necessary grounds that are filling the requirements and meeting the needs of divorce, the couple allows a mutual divorce decree.

Alimony to the wife, Custody of child, return of dowry items or “streedhan” and litigation expenses are some of the crucial issues on which the couple should have agreed, in their appeal for divorce by mutual consent.
About Author Rakesh Singh :

So, are you searching a divorce lawyers in Delhi, or any other cities, or town then be careful while choosing him/her for filing your divorce case.

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Article Added on Saturday, June 16, 2018
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