What Is A Divorce
Divorce is the dissolution of marriage through a legal process by filing a petition in a court of law. When a court passes a divorce decree, it ends the matrimonial alliance of spouses and terminates all the marriage. The separation of husband and wife also involves the division of property, assets, and the issue of custody of the child.
Once you become aware of the process to file a divorce in India in the respective state court, where either of the parties resides, the Indian divorce procedure ascends depending on the country.
In earlier days, divorce used to be considered a sin and was looked down upon in an individual’s life thus despite a lot of marital trouble and issues, spouses were bound to cope with a painful and failed marital tie.
But, with time and the evolution of society, the views and perceptions have 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 pieces of research done on the matter of divorce as to how to get a divorce from a husband or how to file a divorce from a 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 from a trusted divorce expert to give proper guidance throughout the entire complicated process in the easiest and hassle-free way.
The Indian Judicial System with respect to other legal proceedings has a 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 the law.
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What are the types of divorce under Hindu law?
Divorce under Hindu law is classified into two types :
Mutual divorce: Under the Hindu Marriage Act, Mutual divorce is governed by Section 13-B. As the name suggests, in mutual divorce, both the parties i.e. husband and wife mutually agree and express their consent for peaceful separation. The husband and wife have to predetermine the issues relating to alimony and child custody if any. There are only two requirements for filing a mutual divorce, one is mutual consent and the other is that they have to live separately for at least one year.
Contested Divorce: When divorce is initiated by either spouse it is termed as a Contested Divorce. Section 13 of the Hindu Marriage Act, 1955 provides the grounds for filing a contested divorce, some of which are, cruelty, conversion of religion, unsound mind, communicable disease, or either spouse being unheard of for more than seven-year.
What is the procedure for mutual consent divorce in India?
Following is the procedure to file for mutual divorce in India:
STEP 1: Draft a petition stating the reason for seeking a divorce and that both parties have agreed on it.
STEP 2: File the petition jointly through respective lawyers before the family court.
STEP 3: The court after the examination of the petition along with the documents will pass on the order for the recording of the statement on oath.
STEP 4: After this, a cooling period of six months’ time is given to the parties in the hope of their reconciliation.
STEP 5: Post 6 months, if there is no reconciliation, both parties need to appear for the final hearing. (Parties have to appear for the second motion within 18 months from the date of filing the divorce petition.)
STEP 6: In the final hearing, the court passes the divorce decree dissolving the marriage