[TBD]Divorce law in India

Introduction

Divorce is painful, but it might be inevitable in some cases. A divorce must be taken only after no other option. When no option, divorce makes life less painful for both parties.

Types of divorce

Mutual Consent divorce

• It is filed together by husband and wife

• Law comes under Section 13B of Hindu Marriage Act 1955

• Husband, wife decide on maintenance, child custody, property and investments.

• No reason needed

Contested divorce

• It is filed either by husband or wife. Other will contest

• Section 13 of Hindu Marriage Act 1955

• Lawyer on both parties together decide on maintenance, child custody, property and investments.

• Reasons include

  • cruelty,

  • adultery,

  • desertion,

  • conversion,

  • mental disorder,

  • leprosy,

  • venereal disease,

  • renunciation,

  • no resumption of cohabitation,

  • not heard to be alive.

Living separately

• It is one of the condition that both the parties must have been living separately for a period of one year though under the Christian Divorce Act the period is of two years.

  • The parties may live under the same roof by force of circumstances, and yet they may not be living as husband and wife. The parties may be living in different houses and yet they could live as husband and wife.

• What seems to be necessary is that they have no desire to perform marital obligations and with that mental attitude, they have been living separately for a period of one year immediately preceding the presentation of the petition.

• In special case, this duration can be waived off (Refer Supreme Court judgment here)

Reference

https://economictimes.indiatimes.com/wealth/save/divorce-costs-documents-needed-and-steps-involved/articleshow/73608055.cms?from=mdr

http://www.legalserviceindia.com/helpline/living-separately.htm