How the Divorce Procedure Happens in India


Using the advancement of time and social awareness, several acts have been passed by the authorities to make the present day divorce process in India progressive with respect to human affairs and sensitive problems that were related. The Muslim Women Act 1986 was passed to safeguard the rights of Muslim girls on divorce.

A contested divorce is filed on the grounds that are mentioned in the acts passed out separately for different religions that were Indian.

To get a reciprocal divorce process in India, you'll be able to come to an understanding together with your spouse at which you could resolve all kinds of disputes regarding maintenance, custody of such and kids.

When they have lived apart for no less than a year under Section 13B of the Hindu Marriage Act, a mutual divorce can file only. Both sides must voluntarily agree to dissolve the marriage.

The filing of a reciprocal divorce by the husband and the wife is termed as 'the primary motion'. A couple can file following a gap of six months for a motion that is second. So that they get the time to reconsider their union, the six months time period is provided to the couple.

A divorce decree could be passed prior to the completion of the six months term if all the compulsory requirements for the divorce are sufficed. A divorce decree is passed by the court, in case the divorce file is not withdrawn within eighteen months. Incase among the sides withdraws their request the court initiates to create an enquiry. If the worried side differs to provide the permission, no right to pass the divorce ruling is held by the court.

Divorce is the legal dissolution of marriage. Since India is a land of diverse religious communities having their own marriage laws, the divorce process too alters, in line with the community of the couple. All Hindus as well as Buddhists, Sikhs and Jains can seek divorce under the Hindu Marriage Act 1955. The Muslim, Christian and Parsi communities, on the flip side, have their particular laws governing marriage and divorce. Divorce can be sought by partners belonging to different communities and castes underneath the Special Marriage Act, 1956. There's also the Foreign Marriage Act 1969, regulating divorce laws in marriages where either partner belongs to another nationality.


Seeking a divorce in India is a long-drawn out legal matter, where the period of prosecution requires the very least of six months. If the couple seeks divorce by mutual consent, on the other hand, money and the time needed to get yourself a divorce may be considerably shortened. All unions which may have been solemnized before or after the Marriage Laws (Amendment) Act 1976, are eligible for make use of the supply of divorce by mutual consent. Nevertheless, for filing for a divorce with this earth, it's important for wife and the husband to have lived individually for at least a year. You may want to meet divorced people to discuss on these things.

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