Guide to Divorce Laws in India


Posted On : August 29, 2019
Guide to Divorce Laws in India
This is a comprehensive Guide to Divorce Laws in India explaining what a divorce entails and the divorce petition filing procedure.
Listen to this article

Table of Contents

For each and every religion in India, there are separate divorce laws. Both parties to the divorce can initiate the Divorce Procedure complying with the guidelines of the personal divorce law.

 


DIVORCE


When there is a dissolution of a valid marriage in a court of law, it's known as divorce. As and when a marriage falls apart, there are legal solutions available under the divorce laws for both spouses who have unresolved issues that cannot be sorted out amicably.   A top Divorce lawyer well versed with the divorce laws can assist their clients so that the clients are benefited. These days’ people are increasingly conscious about their rights and the divorce laws that act as guidelines.


With the rise in the number of divorce cases and the causes being the influence of the family and joint family waning and people being increasingly independent both from the psychological and financial perspectives. There may be times when things may be unresolved and often the marriageable adults take the flak from family and parents leading to their eventual calling off of their marriage owing to mismatch of wavelength.


In recent times divorce cases have been rising by leaps and bounds on a pan India basis. Besides the change in the status of the spouses as a result of the divorce laws, there are other issues involved including wife and kid’s maintenance, alimony, child custody, issues related to property as well. One can consult a divorce lawyer in India who can be of assistance in the divorce process. For every religion in India, there are separate marriage and divorce laws. Under the Hindu Marriage Act, 1955 which is essentially the divorce law sets the stage for obtaining a divorce complying with the divorce laws.


Read More: Divorce Law in India: Know Your Legal Rights


Besides these, a wife can take recourse of the additional grounds under the divorce laws to file for divorce The additional grounds include firstly, the husband indulging in rape or sodomy, secondly, solemnizing a marriage according to the Hindu Marriage Act, and yet the husband remarrying despite the first wife being alive. In such cases a divorce petition can be filed by the first wife, thirdly, if an underage girl before she turns 15 gets married and is in a state of denial that she ever got married prior to turning 18, fourthly, a year of non-cohabitation leading to the husband’s negligence in the fulfillment of the court-awarded maintenance judgment in favor of the wife. Taking into consideration any of the grounds, a wife can file a divorce petition in accordance with the divorce procedure provided in Indian divorce laws.


The Breakdown of Marriage Irretrievably

Included in The Marriage Laws (Amendment) Bill, 2010 are the divorce laws integrating another reason for filing for divorce according to the Indian divorce laws, known as the ‘Irretrievable breakdown of marriage’ according to the Hindu Marriage Act, 1955 as well as the Special Marriage Act, 1954. The term is suggestive of leading to a situation, whereby, the marriage partners either singly or jointly realize that cohabiting peacefully is impossible or there are telltale signs of mismatch of personalities leading to the split-up. In other words, the relationship isn’t working out for valid reasons and have been living apart for a protracted period of time and are disinterested in carrying on their matrimonial relationship.


Divorce Petition Filing


Filing of divorce petitions is done at the District Court according to the procedures for divorce law in the jurisdiction where

  1. The marriage took place according to the ceremonies and rituals
  2. The dwelling of both parties
  3. The residence of the other party when the petition is presented or
  4. The residence of the petitioner when the petition is presented in the event, the residence of the other party is beyond the jurisdiction of the Hindu Marriage Act 1955 or if there is no news of the party being alive for at least seven years or more

Divorce laws mandates that every petition ought to include:

  1. The party seeking a divorce can get relief based on the facts or details
  2. The parties have not colluded with the intention of deceiving the court by filing a frivolous divorce lawsuit. There has been absolutely no collaboration between the parties to file a frivolous Both the parties have not collaborated together to deceive the court by filing for a divorce,
  3. The petition’s averments are a contingent upon the petitioner or any other trustworthy person verifying the allegations

 

Suggested Read: How to File for Mutual Consent Divorce: Step by Step Divorce Procedure


You could consult a divorce lawyer on Vidhikarya for advice on how to go about getting a divorce.

Written By:
Avik  Chakravorty

Avik Chakravorty


Recommended Free Legal Advices
question markNRI Child Status in India 2 Response(s)
As per law father is the natural guardian of child above 5 years. Fluency in English does not mean that person is intelligent and sane. Many people like from china, Japan, USSR, Israel etc uses translator to communicate. 1. Since child is born in India hence till 18 he can have be Indian citizen or be Australian citizen and on attaining 18 child shall have option to choose citizenship of either country. 2. Yes. 3. Yes. On attaining 18 years he shall have option to choose citizenship of either country. 4. You cannot stop a person from filing case but you have right to defend and also to take precautions to save yourself from such frivolous cases.
question markAbout alimony and baby maintenance from NRI husband 1 Response(s)
Dear Client, In matters of divorce and child custody, it's crucial to consult with a family law attorney who can provide advice tailored to your specific situation. Generally, grounds for divorce can include mental cruelty and abandonment, but the legal procedures can vary based on the jurisdiction involved. In international cases like yours, it might involve additional complexities. Your husband's absence during hearings may indeed impact the process; your attorney can guide you on how to address this. Alimony and child support calculations depend on various factors, including your respective incomes, child custody arrangements, and living expenses. Your career restart and earning income might be considered in alimony discussions. Remarrying could influence alimony but generally does not impact child support. Child support and visitation rights are usually separate matters, and paying child support does not automatically grant visitation rights. Consulting a family law attorney will provide the most accurate advice tailored to your specific situation and jurisdiction. Thankyou
question markspouse issue 2 Response(s)
Hi, Since this is a false case of 498A, you can file a suit for defamation and mental cruelty on all the grounds you mentioned above. It can also be taken as a ground for divorce if you desire to seek so. If you like my answer, please give a good review.
question markDivorce solution 2 Response(s)
Dear Sir, VALIDITY DIVORCE GIVEN BY FOREIGN COURT NOT VALID AS HINDU LAW IS NOT IN EXISTENCE IN FOREIGN LAW……EXCEPTIONS The key rule laid by the Supreme Court can be summed up as follows: If a couple is married under Hindu law, (a) the foreign court that grants divorce must be acceptable under Hindu law; and (b) the foreign court should grant divorce only on the grounds which are permissible under Hindu Law. The two conditions make it almost impossible for a Hindu couple married in India to get a legally valid divorce from a foreign court since no foreign court is an acceptable one under Hindu Marriage Act and also because no foreign court is likely to consider the provisions of Hindu Marriage Act before granting divorce. The exceptions that Supreme Court has permitted to the above rule laid by it are as follows in a case where husband has filed for divorce in a foreign land: A) The wife must be domiciled and permanently resident of that foreign land AND the foreign court should decide the case based on Hindu Marriage Act. B) The wife voluntarily and effectively attends the court proceedings and contests the claim on grounds of divorce as permitted under Hindu Marriage Act. C) The wife consents to grant of divorce.
question markEducation of opportunity deprived children 1 Response(s)
dear client in your case kindly consult with experienced lawyer for better resolutions