HOW TO GET A DIVORCE IN INDIA

INTRODUCTION

Divorce in India begins with filing a petition and ends with a final divorce order after all procedures are followed. The process is divided into six stages: petition filing, summons service, response, trial, interim orders, and final orders. Divorce legally ends a marriage, involving the division of property and child custody. Divorce laws in India vary according to religion. Click this best family court lawyers in chennai

MUTUAL CONSENT DIVORCE PROCEDURES

The steps for filing a mutual consent divorce in India are as follows:

Create a Petition: Outline the reasons for divorce, ensuring both parties agree.
File the Petition: Submit it jointly in family court through divorce lawyers.
Court Examination: The court examines the petition and issues an order to record the oath statement.
Cooling Period: Six months is given for reconciliation.
Final Hearing: If no reconciliation occurs after six months, both parties must appear for the final hearing within 18 months of filing the petition.
Divorce Decree: The court issues the divorce decree, ending the marriage.

CONTESTED DIVORCE PROCESS IN INDIA

The steps for filing a contested divorce in India are:

Create a Petition*: Clearly state the facts and grounds for divorce. A divorce lawyer files this petition along with affidavits and relevant documents in a family court.
Court Review: If the court is satisfied with the petition, it issues a notice or summons to the opposing party to appear with their lawyer.
Mediation: The court may recommend mediation. If it fails, the court proceeds with the divorce proceedings.
Court Appearance: Both parties appear in court, record their statements, submit evidence, be cross-examined, and present witnesses. Attorneys present their closing arguments.
Court Decision: The court renders its decision and issues a divorce decree. The aggrieved party can appeal within three months from the date of the order.

DIVORCE IN INDIA

DIVORCE PROCEDURES UNDER MUSLIM LAW

Under Muslim law in India, a woman can seek divorce on these grounds:

Husband’s whereabouts unknown for at least four years.
The husband failed to provide support for at least two years.
Husband sentenced to at least seven years in prison.
The husband failed to meet marital obligations for at least three years without justification.
The husband was impotent at the time of marriage, had venereal diseases, or was mentally ill for at least two years.
The husband was cruel or married before the age of fifteen.

CHRISTIAN DIVORCE PROCEDURES IN INDIA

Under the Indian Divorce Act of 1869, Christians can file for divorce in two ways:

Mutual Divorce: If both parties agree they cannot live together peacefully and have been separated for at least two years, they can seek legal advice and file for mutual consent divorce.
Contested Divorce: Either spouse can file a petition on grounds such as adultery, conversion to another religion, unsound mind for at least two years, incurable leprosy for two years, unknown whereabouts for seven years, refusal to consummate the marriage, non-compliance with a restitution decree for two years or more, abandonment for at least two years, or the husband being guilty of rape, sodomy, or bestiality.