At The Legal Insight Law Firm, we understand that divorce can be one of the most difficult and emotional experiences a person can go through. That's why we specialize in providing expert legal services related to divorce cases litigation in Delhi.
Our team of experienced lawyers has the knowledge and expertise to help you navigate the complexities of the legal system and achieve the best possible outcome for your divorce case. We understand that every divorce case is unique and requires a tailored approach. That's why we work closely with our clients to understand their specific needs and develop a strategy that meets their goals.
We are committed to providing our clients with personalized attention and support throughout the entire divorce process. From negotiating settlements to representing you in court, we will work tirelessly to protect your rights and ensure that your interests are represented and protected.
In India divorce rules and procedure varies according to the community of the couple. As stated below divorce among Christians is governed by the Indian Divorce Act, 1869, Hindus, Buddhists, Sikhs and Jains by the Hindu Marriage Act, 1955, Muslims by the Dissolution of Muslim Marriages Act, 1939, Parsis by the Parsi Marriage and Divorce Act, 1936 and the civil and inter-community marriages by the Special Marriage Act, 1956.
For Hindus, Buddhists, Sikhs and Jains divorce cases can be filed under the Hindu Marriage Act of 1955. There are two types of divorce in India: mutual consent and contested:
Mutual consent
Both spouses agree to the divorce and its terms, including child custody, alimony, and property division. This type of divorce is usually faster and less expensive because it avoids lengthy court battles. Under Section 13B of the Hindu Marriage Act, 1955, both parties must have lived separately for at least one year before filing.
Contested
Either spouse initiates the divorce. Section 13 of the Hindu Marriage Act, 1955 provides grounds for filing a contested divorce, including cruelty, unsound mind, communicable disease, conversion of religion, or if either spouse is unheard of for more than seven years.
Other grounds for divorce as defined in Section 13 of the Hindu Marriage Act, 1955
Section 13 of the Hindu Marriage Act, 1955 provides lists the grounds for applying divorce for a Hindu Individual Only:
- Adultery: Having a sexual relationship outside of marriage, including intercourse
- Cruelty: Unjustifiable behavior that causes physical, mental, or emotional harm
- Desertion: Abandoning a partner without consent for at least two years
- Conversion: Converting from Hinduism to another religion
- Mental disorder: Any mental illness that makes it difficult for the couple to stay together
- Chronic diseases: Leprosy and venereal diseases
- Renunciation: Entering a religious order
- Presumption of death: If the other party has not been heard of for seven years or more
Section 13(A) also allows for divorce by mutual consent, if both parties agree to end the marriage
Under Section 13B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation. Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally.
Section 13B of the Hindu Marriage Act, 1955 allows couples to seek a divorce by mutual consent. To do so, they must file a petition with the district court and demonstrate that they meet the following criteria:
- They have been living separately for at least one year
- They are unable to live together
- They have mutually agreed to dissolve the marriage
The couple must also demonstrate mutual consent at each stage of the process, including: When they file the petition, After the waiting period, When the court conducts an inquiry, and When the divorce decree is granted.
If the court is satisfied that the marriage took place and that the petition's claims are true, it will issue a divorce decree. The decree will dissolve the marriage as of the date it is issued
<<Other Divorce laws, including those that apply to specific religions and those that apply to all marriages>>
Dissolution of the Muslim Marriage Act of 1939
This act governs Muslims and states that divorce is only permitted when both the husband and wife are unable to live together.
Parsi Marriage and Divorce Act of 1936
This act requires that every marriage and divorce be registered according to the procedure outlined in the act. It also only provides for monogamy.
Indian Divorce Act of 1869
This act also contains a provision for divorce by mutual consent, where parties can file a petition in the district court if they have lived separately for two years and are unable to live together.
At The Legal Insight Law Firm, we are proud to serve the Delhi community with expert legal services in divorce cases litigation. Contact us today to schedule a consultation and let us help you navigate the