Getting Divorce in India

There are different laws for Divorce In India for different religions. Hindus (which include Sikh, Jain, and Budh) are governed by the Hindu Marriage Act, 1955. Christians are governed by the Indian Divorce Act, 1869, and The Indian Christian Marriage Act, 1872. Muslims are governed by the Personnel laws of Divorce and also the Dissolution of Marriage Act, 1939, and The Muslim Women (Protection of Rights on Divorce) Act, 1986. Similarly, Parsis are governed by The Parsi Marriage and Divorce Act, 1936. There is also a secular law called the Special Marriage Act, 1954.

 

Mutual Consent Divorce

It is a simple way of coming out of the marriage and dissolves it legally. Important requirement is the mutual consent of the husband and wife. There are two aspects on which Husband and Wife have to reach a consensus. As per the law, there are no minimum or maximum limits on how much maintenance you should pay your ex-spouse. One such issue is alimony or maintenance.

As per the law, there are no minimum or maximum limits on how much maintenance you should pay your ex-spouse. One such issue is alimony or maintenance. There can be any figure or no figure. The next important consideration is child custody. Both parties can work out this issue.

In mutual consent divorces, child custody can be joint, shared, or exclusive depending on the understanding of the spouses. From state to state and based on High Court instructions, the duration of mutual consent divorce varies from one month to six months or longer.

 

Contested Divorce

You will have to contest it, as its name suggests. Indian laws in general recognise cruelty (physical and mental), desertion (period varies from 2 to 3 years), unsoundness of mind (of incurable form), impotency, renouncing the world, among others. The aggrieved party must file a divorce suit in the court of appropriate jurisdiction based on one of the above grounds. In order to prove the case, the party who files the lawsuit must provide evidence and documents to support the claim. In the event that the divorce case is proved and the divorce decree is drawn up in accordance with the proof of the case, the divorce will be granted.

 

Annulment of Marriage

An annulment can also be used in India in order to dissolve a marriage. Divorce proceedings are similar to annulment procedures, except that grounds for annulment differ from those for divorce. Grounds for annulment are fraud, pregnancy of wife by person other than the husband, impotency prior to the marriage and subsistence even at the time of filing the case. Once annulment is granted by an Indian court, the status of the parties remains as it was prior to the marriage.

 

Void Marriage

A marriage is automatically void and is automatically annulled when it is prohibited by law. Among the provisions of the Hindu Marriage Act, 1955, section 11 stipulates: If a marriage is solemnized after the commencement of this Act, it shall be void and null, and either party may petition for it to be declared void by a decree of nullity against the other party if it violates any one of the conditions stipulated in clauses (i.e.), (iv) and (v), Section 5 of the Act. Bigamy: If either spouse was still legally married to another person at the time of the marriage, then the marriage is void and no formal annulment is necessary.

Inter Family marriage: A marriage between an ancestor and a descendant, or between a brother and a sister, whether the relationship is by the half or the whole blood or by adoption. Marriage between close relatives: A marriage between an uncle and a niece, between an aunt and a nephew, or between first cousins, whether the relationship is by the half or the whole blood, except as to marriages permitted by the established customs.

 

Voidable Marriage

Avoidable marriage is one where an annulment is not automatic and must be sought by one of the parties. Generally, an annulment may be sought by one of the parties to a marriage if the intent to enter into the civil contract of marriage was not present at the time of the marriage, either due to mental illness, intoxication, duress or fraud. The duration for obtaining divorce varies from case to case and place to place. Generally speaking, contested divorce proceedings take 18 to 24 months. It may take between 4 weeks and 7 months for a mutual consent divorce to be finalized.

Conclusion 

Hopefully, we have provided you with sufficient information. You can contact us if you need more assistance.

Courtesy Vakilsearch