Divorce types and procedure by VIVEK JAMWAL

 

What Is Divorce?

Divorce is the process of terminating a marriage or marital union and is also known as dissolution of marriage. Divorce entails the reorganizing or cancelling of legal responsibilities and duties of marriage, thereby dissolving the bonds of matrimony between a married couple under the particular rule of law of the country or state.

What Is The Divorce Procedure And Types of Divorces In India?

In India, divorce procedure starts from the filing of the divorce petition and comes to an end with the pronouncement of final order of the divorce.

The divorce procedure is divided into six stages which are:

# Filing of the petition

# Service of summons

# Response

# Trial

# Interim orders

# Final orders

A divorce procedure basically starts with the filing of a divorce petition. The whole procedure of divorce works when the said petition is written by any of the one parties involved in the divorce process and the served to the other party.

Once you become aware of the process to file a divorce in India in the respective state court, where either of the one parties resides, the Indian divorce procedure ascends depending on the country.

In earlier days, divorce used to be considered as a sin and was looked down upon in an individual’s life and thus despite of lot of marital trouble and issues, spouses were bound to cope up with a painful and failed marital tie.

But, with the time and the evolution of society the views and perception has changed towards life. Perhaps a lot has changed and there is a dramatic increase in divorce proceedings.

As divorce is still considered to be one of the most painful and traumatic experiences for a married couple, there are many researches done on the matter of divorce as of how to get divorce from a husband or how to file a divorce from wife in India. It would create a mess if the procedure is not known properly and can get extremely outrageous and can also be time-consuming.

Thus, it is strongly recommended to get instant legal help online or a trusted divorce expert to giveproper guidance throughout the entire complicated process in the most easiest and hassle-free way.

The Indian Judicial System in respect to other legal proceedings has higher rate of disposal of divorce, considering the fact that all procedures are followed correctly with the help of a competent lawyer and in accordance with law.

On the other hand, the Indian Divorce Procedure can be broadly classified in two different categories:

1.Divorce by Mutual Consent

2.Contested Divorce

Let us now have a look into the statutory laws governing the whole procedure of divorce in India along with some specific guidelines which need to be followed.

Statutory Laws Which Govern Divorce Procedure In India

Before understanding the details of all the statutory laws, an individual needs to be clear on what is the procedure of divorce in India.

# In India, marriage and dissolution of marriage comes under personal matters and the laws related to marriage and divorce and have been framed on the basis of customs and rights of different religion. Thus, there are specific laws for the process of divorce in India respective of people belonging to specific religions.

# The Hindus, Sikhs, Buddhists and Jains are governed by the Hindu Marriage Act, 1955.

# Muslims by the Dissolution of Muslim Marriage Act, 1939.

# Parsi Marriage and Divorce Act, 1936 for the Parsis.

# Christians by the Indian Divorce Act, 1869.

# The Special Marriage Act, 1954 governs all inter- community and civil marriages.

Types of Divorce

Divorce can be obtained in multiple ways. The only thing that one needs to know is how to file a divorce in India i.e. either with the mutual consent or contested divorce.

1. Divorce With Mutual Consent

Mutual divorce is much less time consuming compared to the contested divorce. When both the spouses agree to dissolve their disturbed marriage, they opt for Indian divorce procedure with Mutual Consent.

In divorce with mutual consent, with the help of good divorce lawyer, a joint divorce petition is drafted, verified and signed by both husband and wife and then needs to be filed before the appropriate court.

After the joint petition is filed, the court gives a period of six to eighteen months to the parties. This time period is known as cooling off phase. Provided that within this time period the spouses do not harmonise then the parties can move towards filing for divorce via filing the second motion.

After filing of the second motion, if the court is satisfied that both the spouses have given their consent for the divorce which is free from any coercion or undue influence, the court will pass a decree of Divorce. When both the parties on the basis of the terms of settlement have agreed and written in their divorce petition, the Indian divorce procedure is then complete under mutual consent.

According to Section 13(B) of Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954, the couple should be separated for over a year or two years in order to file a joint petition of Divorce with Mutual Consent.

2.Contested Divorce

There are several rights for the couples who enter into a marital tie. If any of the rights contravene by any of the party then the other has full liberty to file a petition for divorce.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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