Divorce is among the most stressful stages of a couple’s life which they go through. In India, divorce is a personal issue, and therefore, it is tied to religious beliefs. The Hindu Marriage Act of 1955 regulates divorces for Jains, Sikhs, Hindus, and Buddhists. The divorce laws of Muslims are governed by the Dissolution of Muslim Marriage Act of 1939 and the Parsis by Parsi Wedding and Divorce Act of 1936. Christians are subject to the Indian Divorce Act of 1869. All inter-community marriages are subject to the Special Marriages Act of 1954.

How to file a divorce in India

If a couple decides to seek a divorce, they will need to follow these steps:

1. Firstly, the couple must engage a lawyer to get divorce consultation and provide them with all the necessary information.
2. A petition is submitted to the court through the lawyer.
3. An original copy is later sent as an email to the spouse.
4. The spouse can decide to divorce or fight it.
5. The completion of the process is contingent on the specifics of the particular case.
6. If divorce results from mutual consent, the parties must prove that they lived apart for more than a year.
7. Six months is granted to the parties to rethink their divorce.
8. Following the expiration of the six months, if parties believe that they would like to divorce, then the court issues the divorce decree.

 

What are the different documents needed to file a petition for contested divorce?

The required documents for the filing of a divorce petition for a contested divorce are:

1. Address proof of husband.
2. Address proof of wife.
3. Marriage certificate.
4. Four passport-size photographs of the couple.
5. Evidence must be there to show that both the husband and wife have been living in separate houses.
6. The evidence suggesting that efforts were made to reconcile but failed.
7. Income tax statements of the past two-three years.
8. Information about the profession and the current remuneration of the petitioner.
9. Details about the background of the family of both parties.
10. Information of the property owned by the petitioner.

 

Lawyer’s fees one expects to pay for divorce cases in India

The cost of  filing a divorce suit isn’t too high. However, the divorce lawyer might charge for the services that he has provided. The cost of defending a divorce suit is about ten thousand, and the highest amount could go around ten lakhs.

 

Contents of Divorce Petition

The procedure to file a divorce petition in India is controlled by the Code of Civil Procedure, 1908. The process of starting a divorce case begins with filing a petition seeking a divorce, either by wife or husband, after which it is supported by an affidavit from both parties. The divorce petition should include the following information:

1. Name of the parties.
2. The date and location of the wedding.
3. Status and domicile of the parties.
4. The place where the parties last lived together.
5. The child’s name (if there is any) and his or her birth certificate.
6. The reasons to seek separation or divorce.
7. The parties must provide a written statement that gives the assurance that they are not lying to the court.
8. If the court is satisfied with the petition and the evidence provided, it can issue the order to grant a mutual divorce to the couple.

 

The grounds for dissolution of marriage

Based on the provisions of Section 10 of the Indian Divorce Act 1869, after the solemnization of marriage, the District Court can, based on the petition submitted by either the wife or husband may, dissolve the marriage on the grounds that the spouse :

1. Has been involved in adultery.
2. Has changed his/her religion.
3. Was not in a sound mind for two consecutive years prior to the filing of the petition.
4. Has been suffering from a venereal communicable disease for not less than two years.
5. Has not contacted the petitioners for at least two years immediately preceding the presentation of the petition.
6. The petitioner has been treated with such brutality that it has created reasonable fears in the petitioner’s mind that it would be harmful for the petitioner to share a home with the respondent.

 

Rejection of Petition

The court has the power to reject any divorce petition if it believes that divorce cannot be granted. The basis on which a divorce petition can be dismissed is listed below:

1. If the court cannot find evidence to back the argument made in the petition submitted by the petitioner or the petitioner is not able to prove the facts.
2. If the court does not find evidence that the husband has committed the offense of adultery or that during the marriage, the petitioner knows that the defendant was living under such type of marriage.
3. If the court finds that the petitioner filed the petition just to establish an illegal case against the respondent or that the petitioner sought to deceive any of the said respondents.

 

Decree to Dissolve the Marriage

It is the responsibility of the court to issue a decree ending the marriage. If the court is satisfied that sufficient evidence is presented to make a decision on dissolving the marriage, then the court will approve the decree, but if the court is not satisfied with the evidence, then it will not pass the decree. The court will not issue an order dissolving the marriage in the following circumstances:

1. If the court finds that the petitioner himself has committed adultery.
2. In the event that the petitioner is found to have shown brutality to the other party in the course of the wedding.
3. If the petitioner has left voluntarily or separated himself without any practical reason.

 

Verification is done by the High Court

In the event of any decree issued by the District Court either in favor of the petitioner or the respondent, the decree made must be formally confirmed by the High Court of that state. The High Court has full authority to review the decree passed, and if the bench of the High Court consists of 3 judges, then the majority’s decision will prevail. If there are two judges, then, in this case, the decision of the top judge will be considered. The High Court also has the power to direct the concerned authority to obtain additional evidence or review the evidence again.

Easy way to get a divorce in India

If you think that the most efficient method of getting a divorce in India does not require a legal process or court settlement, then there’s no such method. For a valid divorce, the law needs to be followed. So, out of all divorce laws offered with the easiest way, the simplest is based on section 13B of the Hindu Marriage Act, 1955. It is the provision of divorce that is sought with mutual consent. It is essential that the parties reach an agreement regarding issues since it assists the court in completing the divorce process more quickly and ensures that both parties are affected less by emotional trauma. There isn’t a law that can guarantee that the divorce procedure is completed within the time frame. In some instances, it might be less time-consuming than in other cases. The one factor that can help you obtain a divorce in a simple and less complicated manner is the parties’ agreement on issues such as child custody and child support, alimony, etc.