Types of divorce and divorce procedure in India
Divorce in India is governed by various personal laws depending on an individual's religion. The types of divorce and divorce procedures vary accordingly. Here's an overview:
1. Divorce under Hindu Law:
- Mutual Consent Divorce: Both spouses mutually agree to end the marriage. They must live separately for at least one year before filing for divorce. A joint petition is filed before the court, and after the cooling-off period, if the court finds the consent genuine, divorce is granted.
- Contested Divorce: In cases where one spouse does not consent to divorce, the other can file for contested divorce. Grounds for contested divorce include adultery, cruelty, desertion, conversion to another religion, mental disorder, etc. The spouse filing for divorce must prove these grounds before the court.
2. Divorce under Muslim Law:
- Talaq: Under Muslim law, a husband can unilaterally divorce his wife by pronouncing talaq (divorce) verbally or in writing. There are various forms of talaq, including talaq-e-ahsan (single pronouncement followed by a waiting period), talaq-e-hasan (three pronouncements over three months), and talaq-e-biddat (triple talaq pronounced in one sitting).
- Khula: Khula is a form of divorce initiated by the wife, where she seeks divorce by returning the dower or any other consideration to the husband.
3. Divorce under Christian Law:
- Divorce Act, 1869: Christians in India can seek divorce under the Divorce Act, 1869. Grounds for divorce include adultery, cruelty, desertion, conversion to another religion, unsoundness of mind, and venereal disease.
4. Divorce under Parsi Law:
- Parsi Marriage and Divorce Act, 1936: Parsis can file for divorce under this act. Grounds for divorce include adultery, cruelty, desertion, conversion to another religion, unsoundness of mind, and venereal disease.
5. Divorce under Special Marriage Act, 1954:
- Couples of any religion can opt for divorce under the Special Marriage Act, 1954, if they married under this act or if they have not specified their religion during marriage registration. Grounds for divorce are similar to those under Hindu law.
Divorce Procedure in India:
1. Filing of Petition: The spouse seeking divorce files a petition in the appropriate family court based on jurisdiction.
2. Court Proceedings: The court examines the petition and issues summons to the other spouse. Both parties present their arguments and evidence to support their case.
3. Mediation/Counseling: In cases of mutual consent divorce or where the court deems fit, mediation or counseling sessions may be ordered to reconcile differences.
4. Trial: If reconciliation fails, the court conducts a trial where witnesses may be called, and evidence is presented.
5. Judgment: After considering all aspects, the court delivers its judgment, either granting or denying the divorce.
6. Appeal: Either party can appeal against the judgment in a higher court if dissatisfied with the decision.
7. Final Decree: If the divorce is granted, a final decree is issued, and the marriage is dissolved.
In conclusion, divorce procedures in India vary depending on the personal laws applicable to individuals based on their religion. From mutual consent divorces to contested ones, the process involves legal formalities and court proceedings aimed at resolving marital disputes.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation
Advocate Vikram Sawant Inamdar (Civil ,Criminal & Divorce Lawyer in Pune)
Contact: +919096152766 / +919225680373