Overview

According to a BBC report in 2016, “ the rate of divorce in India is 1% that means India is one of the countries with the lowest divorce rate. Out of 1000 marriages, only 13 marriages ended. “ There are many reasons for the low divorce rate in India - Social Pressure, Dependency on Husband, Second marriage is not easy, etc.

Jennifer Weiner once said, “ Divorce is not a tragedy. A tragedy is staying in an unhappy marriage, teaching your children the wrong things about love. Nobody ever died of divorce.” Everyone wants their partner to be supportive & loyal to them. But, sometimes this does not happen even after a lot of effort. In this situation, you should take a bold step to live your life happily.

Divorce is legally valid in almost all countries. Lead India is one of the most trusted and reputed law firms in India. We provide you the best legal assistance for divorce in India.

Divorce is a process to legally terminate the marital relationship between two partners. There are different laws to end the marriage -

1. Hindu Marriage Act, 1955 - Section 13 of this act deals with the divorce of couples who belongs to the Hindu religion.
2. Dissolution of Muslim Marriage Act, 1939 - Act. No. 8 of this act deals with the divorce of couples who belongs to the Muslim religion
3. Indian Divorce Amendment Act, 2001 - This act deals with the divorce of couples belonging to the Christian Religion
4. Special Marriage Act, 1954 - Section 28 of this act deals with the divorce of couples who married each other as per the Special Marriage Act

These 4 laws play an important role in the divorce of couples. After knowing the law and different grounds of divorce in India, you have to file a divorce petition.

1. ​​​​​Mutual Consent Divorce

2. Contested Divorce

Mutual Consent Divorce

If both the partners want to separate from each other then, they can look for divorce by mutual consent in court.

According to section 13B of the Hindu Marriage Act,
 

1. Any couple married to each other before or after the Marriage Laws (Amendment) Act, 1976 can file a divorce petition in the district court
2. Grounds for mutual consent divorce - Both partners are living separately for 1 year or more & Mutual agreement for dissolution of marriage
3. Both the partners have to file a petition & appear in court during the specified time interval.
4. After the first petition, the other partner must file the second petition between 6 months to 18 months
5. After listening to both the parties, the court finally approves the divorce petition & passes the decree of divorce.

Two situations can be included in a contested divorce -
 

1. Both the partners do not mutually agree to separate from each other - One partner has decided to take divorce while the other partner does not want to separate.
2. Both the partners agree to separate from each other but there is a conflict regarding issues involved in a divorce - maintenance fee, alimony, custody of a child, etc

After a lot of effort to live with the other partner peacefully & stress-free. Moreover, this contested divorce can be more time-consuming and stressful. Also, you should consult a legal expert that can explain to you the consequences & choices which can be beneficial to you. After understanding all the different aspects, you have finally decided that you can not live with the partner and you want to take divorce. Then, certain laws can help you file a divorce petition in your district court.

There are many grounds for divorce in India mentioned in the Hindu Marriage Act 1955, Dissolution of Muslim Marriage Act, 1939, Indian Divorce Act, 1869, The Parsi Marriage and Divorce Act, 1936 & the Special Marriage Act, 1954. You have to prove at least one of them in court & you will get the divorce.

1. Adultery: This is also called an extra-marital sexual relationship. After marriage, If any of the partners willingly makes a sexual relationship with a third person ( either married or unmarried ) other than the spouse then, it is known as adultery.

In a recent judgment of the Supreme Court, Section 498 of IPC has been struck down. So, Adultery is not a crime in India. But, It is one of the valid grounds for divorce.

All the divorce laws of different religions condemn adultery & it is a valid ground for divorce or separation. Section 10 of Hindu Marriage Act, 1955, Section 2(viii)(b) of Dissolution of Muslim Marriages Act, 1939, Section 22 of The Indian Divorce Act, 1869, and Section 32 of the Pasi Marriage & Divorce Act, 1936 - All these laws confirm that Adultery can be considered as a valid ground for judicial separation or divorce in India.
 

2. Cruelty: If one of the partners practice all those acts which cause physical pain, mental pain, or emotional pain to the spouse then, it is considered cruelty.

There are some examples of cruelty -

1. Physical Brutality - that can cause injury to body parts, health, or the life of spouse
2. Mental Harassment - demoralize, taunt, or threatening - can push the spouse for suicide.

After the amendment in 1976, Under section 13(1) of the Hindu Marriage Act, cruelty was added as a ground for divorce, earlier it was considered as a ground for judicial separation.

3. Conversion: There are two situations of conversion which can be considered as a valid ground for divorce in India -

If any one of the spouses:
 

1. Give up their religion and stopped to follow the faith in their religion
2. Converted in any other religion

In both cases, the other partner has the right to file for divorce. If one partner converts his/her religion to another religion, then he/she can not go to court & file a divorce petition to consider this conversion as a valid ground for divorce. But, the other partner has the complete authority to file the divorce petition in the court & get the divorce order in their favor.

Conversion is considered a valid ground for divorce in all religions.

4. Desertion: If one spouse leaves the other spouse without any valid reason or any intention to return then, this desertion can be considered as a valid ground for divorce.

Under section 13(1) of the Hindu Marriage Act, 1955, when one spouse abandons the other spouse and living separately for more than 2 years without any valid reason & no intention to come back, the sufferer has the right to file the divorce petition in the court & get the divorce order in their favor.

5. Mental Disorder: If one spouse is suffering from any serious mental disorders like continuous mental disability, insufficient development of the mind, psychopathic disorder, intense schizophrenia, etc then the other spouse has the authority to file for divorce in court.

Mental disorders can be considered valid grounds for divorce in all religions.

6. Serious Venereal Disease: Those diseases which can be transferred from one infected person to another during sexual intercourse, are called venereal diseases. HIV AIDS is one of the serious venereal diseases. If one of the partners suffering from any serious or incurable venereal disease then, the other partner can file the divorce petition in court.

Venereal Disease can be considered as a valid ground for divorce in all religions.

7. Assumption of Death: If any of the spouses is hidden or unheard for continuously 7 Years then, the marriage can be considered void & the other partner can easily get the divorce decree from the court.

There are certain steps to file for a divorce petition in the court & get the divorce decree from the court. At first, you should consult a top-leading divorce lawyer that can help you to draft a divorce petition & represent you in the courts.

STEP 2: Notice Of The Divorce Petition

This initiates the divorce process. Once the divorce petition is filed in the court, the court sends the notice to the other partner to reply with their answers to this notice.

STEP 3: Response

Both the partners have to appear in court. Their lawyers submit the facts and answers as per the laws and supporting their clients.

STEP 4: Trial    

During this phase, the judge listens to the plea and response from both the lawyers on the behalf of both partners. In this situation, both of them try to prove their clients true with the facts and the supporting laws.

STEP 5: Final Order

After all the hearings, the court finally arrives at a situation to give the final decision based on different laws.

1. Verified Divorce Lawyers: We provide you the best lawyers for your divorce issues like mutual divorce or contested divorce.
2. Complete Assistance: You will get complete assistance from our legal experts. You can ask all your doubts & issues related to divorce without any hesitation. Our associate will assist you with the entire divorce process.
3. Confidential & Trustworthy: It is our foremost priority to maintain the confidentiality of the clients. All of your data will be kept secured & also we will provide you an online dashboard where you can check the status of your payment & the status of your case.