India has its own laws that govern divorce. If you are a Hindu, the Hindu Marriage Act 1955 will apply, while Muslims will be governed by the Dissolution of Muslim Marriages Act 1939, etc. There are many ways to get divorced in India. Before we get into the details of getting a divorce in India, it is important to determine what type of divorce you desire.
What type of divorce would you like?
There are three types of Indian divorce:
- Contest divorce
- A mutual consent divorce
- Irretrievable marriage breakdown
We will now look at the steps involved in each type of divorce.
The steps involved in a Contest Divorce:
1. Get the best divorce lawyer for you:
This is a necessary step because you can’t file for divorce without the help of a lawyer.
2. One year of marriage
According to the Hindu Marriage Act, divorce petitions cannot be filed until a marriage has been completed for one year. If you haven’t been married for more than a year, you can’t file for divorce, except in exceptional circumstances.
3. Identify the reason(s) for divorce
As mentioned above, contest divorce cannot be obtained if the spouse has committed a matrimonial offense or is suffering from an unsound mind, venereal disease, or other mental impairments. It is therefore important that you identify the grounds upon which you want to file for divorce.
4. Determine the location of the case filing (jurisdiction strong)
A petition for divorce under the Hindu Marriage Act 1955 can only be filed in these places
- The place in which the marriage was legally registered: You can file for divorce at the same location where you were married. The place where the marriage was registered differs from the place where it was recorded.
- The last place the spouses lived together: This is another option for you to file the divorce.
- The current residence of the wife: You can file a contested divorce at the same place the wife resides at the time you file the petition.
- Presumption is the fact that you have not heard from your spouse in seven years. The presumption is when the divorce can be filed at the address you are currently living.
5. All documents should be given to your lawyer for divorce:
You should have all documents, videos, and photos that are needed to support the grounds you used in your divorce petition.
6. You can file the case and get involved.
After a divorce petition has been filed with the Court, you might be asked to appear before the court at the court’s request. It is important to understand the contents of your divorce petition.
The steps involved in a mutually agreed divorce:
The steps involved in divorce under irretrievable separation of the marriage:
The Hon’ble Supreme Court of India may, in certain instances, exercise its powers under Articles 142 and 50 of the Constitution of India. This includes the ability to order the dissolution of marriage for the irretrievable breakup.
Article 142 of India’s Constitution, 1950 gives the Supreme Court the power of passing an order it considers necessary to dispense justice.
As we all know, Indian Court processes can be tedious and time-consuming. Divorce cases are no exception. For all your queries regarding divorce, you will need the help of divorce lawyer near me.