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What is the Divorce Procedure and Divorce Types in India?

Divorce Procedure and Divorce Types in India

Divorce in India is governed by various personal laws based on religion, as well as the secular laws. The procedure for divorce and the types of divorce available can vary depending on the specific personal law applicable to the couple. Here, we provide an overview of the general divorce procedure and some common types of divorce in India:

Divorce Procedure in India:

1. Marriage Counseling: In some cases, the court may suggest or mandate marriage counseling or mediation as the first step to reconcile the couple. Many couples resolve their differences through this process.

2. Filing a Petition:

  • One spouse, known as the petitioner, initiates the divorce process by filing a divorce petition in the appropriate family court.
  • The petition should state the grounds for divorce, which vary based on personal laws and may include cruelty, adultery, desertion, or irretrievable breakdown of the marriage.

3. Service of Notice:

  • After the petition is filed, a notice is served to the other spouse, known as the respondent, informing them about the divorce proceedings.

4. Response to the Petition:

  • The respondent has the opportunity to respond to the divorce petition and either agree to the divorce or contest it.

5. Evidence and Testimonies:

  • Both parties present evidence, witnesses, and testimonies to support their case.
  • The court may consider factors like child custody, alimony, and division of property during these proceedings.

6. Judgment and Decree:

  • Based on the evidence presented and the grounds for divorce, the court issues a judgment and decree of divorce.
  • If the divorce is contested, it may take longer to reach a final decision.

7. Appeals:

  • Either party can appeal the court’s decision to a higher court if they disagree with the judgment.

Common Types of Divorce in India:

  1. Contested Divorce: This type of divorce occurs when one spouse files for divorce, and the other spouse contests it, disagreeing with the grounds for divorce or other terms. It often involves lengthy legal proceedings and court battles.
  2. Mutual Consent Divorce: In this type of divorce, both spouses agree to end the marriage amicably. They jointly file a divorce petition, and the court typically grants the divorce quickly if they fulfill all legal requirements.
  3. Divorce by Mutual Separation: If a couple has been living separately for a certain period (usually one year or more), they can seek divorce based on mutual separation. Both parties should consent to the divorce.
  4. Adultery-based Divorce: Adultery can be a valid ground for divorce in India. If one spouse can prove that the other committed adultery, it can lead to divorce.
  5. Cruelty-based Divorce: Mental or physical cruelty inflicted by one spouse on the other can be grounds for divorce. Evidence of cruelty is essential to support this claim.
  6. Desertion-based Divorce: If one spouse has deserted the other for a continuous period of time (usually two years or more), it can be a ground for divorce.
  7. Irretrievable Breakdown of Marriage: In recent years, some Indian laws have recognized the concept of the irretrievable breakdown of marriage as a ground for divorce. This means that the marriage has broken down beyond repair, and there is no hope of reconciliation.

It’s essential to consult with a family lawyer in indore; India to understand the specific divorce procedure and grounds that apply to your situation, as they can vary based on personal laws and individual circumstances. Additionally, the procedure may involve issues like child custody, alimony, and property division, which require careful consideration and legal guidance.

Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304

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