Divorce in India -Rules, Procedure, Application

The divorce law in India is governed by the Hindu Marriage Act, 1955, the Dissolution of Muslim Marriages Act, 1939, the Indian Divorce Act, 1869, the Parsi Marriage and Divorce Act, 1936, and the Special Marriage Act, 1954. Steps for divorce procedure is as follows:
1. The spouse will have to hire a lawyer so that the divorce lawyer can provide the spouse with the relevant details.
2. A petition will be filed in the court by the lawyer.
3. A copy of the petition(divorce papers) will be then sent to the other spouse along with the summons to appear in the court whether in person or by way of counsel on the next hearing of the case.
4. The spouse could either simply contest against the divorce form or also file a counter-claim.
5. The time period for the completion of the procedure will depend on the circumstances of the case.

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Divorce may be defined as the lawful dissolution of jural ties established at marriage. In traditional nuer society, the jural bond establish by marriage were stable; divorce signified by the return of the bride’s wealth was rare. In other words Divorce is the legal dissolution of the marriage in a way other than through the death of one of spouses so that the parties are free to remarry either immediately or after a certain period of time, all mutual obligations and rights of husband and wife ceases. In short after a decree of dissolution of marriage, marriage comes to an End parties ceases to be husband and wife and are free to go their own ways. There remains no bonds expect in relation to section 25 (maintenance and alimony). 

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Divorce by Mutual Consent

If both the parties i.e., husband and wife decide to put the marriage an end the court will consider the divorce as “Divorce by mutual consent”. Hindu Marriage Act lays down that a petition for divorce by mutual consent may be presented jointly by both the parties if they have been living separately for a period of one year , they have not been able to live together , they have mutually agreed to live separately.

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Divorce without Mutual Consent

In case of Contested Divorce either party can seek divorce without assigning any reason to their spouse before learnedcourt on the grounds of Desertion , adultery , cruelty , Insanity , leprosy , venerable disease, conversion , presumption of death , renunciation of world. 

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FAQ's

Alimony literally means nourishment. but in a simple word, it would mean an allowance for the support of the wife judicially separated from her husband, settled at the discretion of the judge on the consideration of all circumstances. In causes between husband and wife, the husband may be ordered to allow the wife alimony during the pendency of the suit.
Maintenance may be claim independently even without any matrimonial relief. the object of a proceeding for maintenance is to prevent vagrancy. the claim may be made not only by the wife for herself but also for the legitimate or even the illegitimate children.
There are the following grounds of divorce :
• Desertion
• Adultery
• Cruelty
• Insanity
• Leprosy
• Venerable disease
• Conversion
• Presumption of death
• Renunciation of world.
Divorce Decree by consent is also appealable if the consent is disputed and is alleged to be not free and bonafide in the absence of inquiry by the Court.
You can file for divorce only after completion of 1 year of marriage based on the grounds given under the Hindu Marriage Act. In some exceptional cases, the court provides you with an option of annulment(cancellation) of marriage. Other than that you need to complete 1 year of marriage before filing a divorce.
No, you cannot file for divorce on behalf of any other person. Since the husband and the wife are the only parties hence, they should be the ones filling the case and no one else. If someone else applies on their behalf the petition for divorce will get rejected by the court.
No, registration of marriage is not necessary. But it is advisable that you get your marriage registered as your marriage certificate will be helpful and will add value to your divorce case as far as the validity of your marriage is concerned.
• Section 125 of IPC gives a married woman the legal right to seek maintenance from her husband for a lifetime.
• If the marriage fails, the HMA of 1955 provides women with the legal rights to claim maintenance of herself and her children from the husband during (interim maintenance) and after divorce (permanent maintenance).
• The amount of maintenance doesn’t include Stree Dhan and is set up by the court on the basis of the husband’s financial and living status (includes up to 25 percent of it).
The wife could claim or possesses 50% of the husband’s residential or immovable property irrespective of the fact whether it is possessed before the marriage or after marriage.

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