Meenakshi Garg
Responded 2 years ago
A.Dear client,
There are two types of divorce. One is contested and other is mutual.
What is your situation. Is your spouse ready for divorce? If yes then go for mutual divorce, which can be simply done by hiring a lawyer and filing a mutual petition in the court. There will be 2 motions i.e., first motion and second motion. In second motion divorce will be granted.
Now second type is contested where you have to hire a lawyer and he/she will prepare a petition with your claims and the court will summon your spouse to contest that. If he/she wants to contest that then he/she may do so.
There are two types of divorce. One is contested and other is mutual.
What is your situation. Is your spouse ready for divorce? If yes then go for mutual divorce, which can be simply done by hiring a lawyer and filing a mutual petition in the court. There will be 2 motions i.e., first motion and second motion. In second motion divorce will be granted.
Now second type is contested where you have to hire a lawyer and he/she will prepare a petition with your claims and the court will summon your spouse to contest that. If he/she wants to contest that then he/she may do so.
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Priya More
Responded 2 years ago
A.Good evening
Divorce can be taken under Hindu Marriage Act 1955 by two ways
1 ) By Mutual Consent ( sec.13(b) )
In this ,both parties are ready to take Divorce mutually.
Grounds :
Parties can file this Divorce after completion of 1 year but in such matters court give 6 month cooling period that is waive period
Decree period: process is not leanthy.
2) Contested Divorce: ( sec 13 of Hindu Marriage Act .)
In this Divorce , one party is ready to take the Divorce but other is not .It can be file after 1 year.
Grounds :
1. Adultery
2. Cruelty S.13(1)(i-a)
3. Desertion
4.Convertion
5.Insanity
6.Veneral decease
7. Renunciation
8.presemtion of death ........etc.
These Grounds are available for both .
But some Grounds are available for wife only as follow.....
1.Biagamy
2.Rape by husband
3.Maintance decree(crpc 125)
4.Age issue
Court for both Divorce : Family Court
Decree time : process leanthy (3 to 4 years minimum)
Divorce can be taken under Hindu Marriage Act 1955 by two ways
1 ) By Mutual Consent ( sec.13(b) )
In this ,both parties are ready to take Divorce mutually.
Grounds :
Parties can file this Divorce after completion of 1 year but in such matters court give 6 month cooling period that is waive period
Decree period: process is not leanthy.
2) Contested Divorce: ( sec 13 of Hindu Marriage Act .)
In this Divorce , one party is ready to take the Divorce but other is not .It can be file after 1 year.
Grounds :
1. Adultery
2. Cruelty S.13(1)(i-a)
3. Desertion
4.Convertion
5.Insanity
6.Veneral decease
7. Renunciation
8.presemtion of death ........etc.
These Grounds are available for both .
But some Grounds are available for wife only as follow.....
1.Biagamy
2.Rape by husband
3.Maintance decree(crpc 125)
4.Age issue
Court for both Divorce : Family Court
Decree time : process leanthy (3 to 4 years minimum)
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Vaidehi Samant
Responded 2 years ago
A.You may approach a good lawyer who practices in Family Court of the place where you reside. Thank you.
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Nishant Singh
Responded 2 years ago
A.Hello,
There are two ways to get the divorce.
1. Contested Divorce - In this you have to prove the ground of divorce as mention under Act. Generally, Its time taking process and the opposite party has right to defend the case.
2. Divorce by way of Mutual Consent- In this both parties have amicably agreed to dissolve their marriage with their own will. Hence, the process is a lot smoother than divorce by other means
Laws regarding Divorce in India
1. For Hindus, Jains, Buddhists, and Sikhs – Hindu Marriage Act,1955
2. Christians- The Indian Christian Marriage Act,1872/ Indian Divorce Act-1869
3. Muslims – Personnel laws of Divorce/ Dissolution of Marriage Act,1939/ The Muslim Women (Protection of Rights on Divorce) Act,1986
4. Parsis – The Parsi Marriage/ Divorce Act-1936
5. Inter-religion or Inter-caste marriages – Special Marriage Act, 1954.
Thanks with best regards
Nishant Singh (Advocate)
There are two ways to get the divorce.
1. Contested Divorce - In this you have to prove the ground of divorce as mention under Act. Generally, Its time taking process and the opposite party has right to defend the case.
2. Divorce by way of Mutual Consent- In this both parties have amicably agreed to dissolve their marriage with their own will. Hence, the process is a lot smoother than divorce by other means
Laws regarding Divorce in India
1. For Hindus, Jains, Buddhists, and Sikhs – Hindu Marriage Act,1955
2. Christians- The Indian Christian Marriage Act,1872/ Indian Divorce Act-1869
3. Muslims – Personnel laws of Divorce/ Dissolution of Marriage Act,1939/ The Muslim Women (Protection of Rights on Divorce) Act,1986
4. Parsis – The Parsi Marriage/ Divorce Act-1936
5. Inter-religion or Inter-caste marriages – Special Marriage Act, 1954.
Thanks with best regards
Nishant Singh (Advocate)
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.आप दो प्रकार से तलाक ले सकते है।
एक धारा 13 के अन्तर्गत दिये गये कारणो के आधार पर।
दुसरा धारा 13B हिन्दु विवाह अधिनियम के अन्तर्गत।
एक धारा 13 के अन्तर्गत दिये गये कारणो के आधार पर।
दुसरा धारा 13B हिन्दु विवाह अधिनियम के अन्तर्गत।
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A.Hi,
If there is mutual consent for divorce then you can file a suit of mutual divorce u/S 13B of the HMA. If it isn't mutual, then first you can issue a legal notice to your spouse seeking for divorce or you can file a suit for divorce before the family court u/S 13 of the HMA.
If you found my answer helpful, then kindly rate me.
If there is mutual consent for divorce then you can file a suit of mutual divorce u/S 13B of the HMA. If it isn't mutual, then first you can issue a legal notice to your spouse seeking for divorce or you can file a suit for divorce before the family court u/S 13 of the HMA.
If you found my answer helpful, then kindly rate me.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
You can first issue a legal notice to your spouse seeking for divorce. You can file for divorce as per S. 13 of the HMA before the family court. If there is a mutual consent for divorce, then the suit maybe filed u/S 13B of the HMA.
If you found my answer helpful, then kindly rate me.
You can first issue a legal notice to your spouse seeking for divorce. You can file for divorce as per S. 13 of the HMA before the family court. If there is a mutual consent for divorce, then the suit maybe filed u/S 13B of the HMA.
If you found my answer helpful, then kindly rate me.
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Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.Two ways of divorce.
Mutual or Contested. Mutual is easy and fast if both agrees.
see the videos by search the playlist "#Divorce - #CompleteLawShield #AdvocateAnkurGoel" in youtube for more details.
Mutual or Contested. Mutual is easy and fast if both agrees.
see the videos by search the playlist "#Divorce - #CompleteLawShield #AdvocateAnkurGoel" in youtube for more details.
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