Family Law & Divorce Law

DIVORCE LAW

The legal proceedings of a divorce depend upon the kind of divorce. It could take more than a year for a marriage to be dissolved if the divorce is contested. If a divorce is through Mutual consent, the process will be relatively more comfortable and faster. If Child Custody is involved, divorce may take longer. Our Lawyers aim to finish the divorce case process as soon as possible and to their best ability.

Divorce through Mutual Consent: 

When both parties, i.e., the husband and wife mutually agree to get a divorce, the court grants a decree for divorce with mutual consent. The couple should prove that they are unable to live together, and they have been separated for over a year. The main factor of a divorce through mutual consent is that matters such as maintenance and property rights and children’s custody can be agreed to mutually. If the court believes there could be a reconciliation amongst the parties, then it will order a reconciliation for a duration of 6 to 18 months between the date the divorce petition is filed, and the divorce decree is announced. The couple needs to prove that they have not been living as husband and wife during this period. Section 13B of the Hindu Marriage Act,1995 speaks about mutual divorce. Divorce through mutual consent is relatively inexpensive and faster as compared to a contested divorce.

Contested Divorce: In the case of a contested divorce, there are specific grounds mentioned under Section 13 of the Hindu Marriage Act, 1955 under which a petition can be filed. The husband and wife conflict when they opt for a contested divorce. More often than not, matters such as maintenance, child custody etc. are far from resolution. Both the husband and wife have 11 grounds of divorce available to them under the law, out of these five exclusive grounds are available to the wife against her husband.

The grounds are:

Cruelty: Cruelty could be mental or physical. According to Hindu Divorce Laws in India, if one spouse has a valid doubt that the other spouse’s conduct is likely to be harmful or dangerous, then there is ample ground for obtaining a divorce due to cruelty.

Adultery: A man that commits adultery (i.e. has consensual sexual intercourse outside of his marriage) could be charged with a criminal offence. The wife may file for divorce as a civil remedy. If the wife commits adultery, she cannot be charged with a criminal offence, though the husband can follow prosecution of the adulterer male for adultery.

Desertion: A spouse deserting the other without a reasonable cause (cruelty, for example) is a reason for a divorce. However, the spouse who deserts the other should intend to abandon, and there should be proof of it. According to the Hindu laws, the desertion should have lasted at least two consecutive years. However, Christians cannot file a divorce petition mainly for this reason

Conversion: Divorce can be sought by either spouse if the other converts to some other religion.

Mental Disorder: Divorce can be sought if either spouse is incapable of performing regular duties that are required in a marriage on account of mental illness.

Renunciation of the World: A spouse may obtain a divorce if the other spouse renounces his/her married life and opts for sannyasa,

Presumption of Death: If a spouse has not been heard of being alive for at least seven years, in that case, the spouse who is alive could opt for a judicial decree of divorce