STATUTORY LAWS GOVERNING DIVORCE PROCEDURES IN INDIA
In India, marriage and divorce laws are based on personal matters, rooted in the customs and rights of different religions. Therefore, specific laws govern the divorce process for individuals from different religious communities. Here’s an overview of the statutory laws and procedures involved: Get mor info about family lawyers in chennai
- Hindu Marriage Act, 1955: Governs Hindus, Sikhs, Buddhists, and Jains.
- Dissolution of Muslim Marriage Act, 1939: Applies to Muslims.
- Parsi Marriage and Divorce Act, 1936: Pertains to Parsis.
- Indian Divorce Act, 1869: Covers Christians.
- Special Marriage Act, 1956: Applies to inter-community and civil marriages.
TYPES OF DIVORCE
Divorce in India can be obtained in two primary ways: mutual consent and contested divorce.
2.1 MUTUAL CONSENT DIVORCE
This is a quicker and less complicated process compared to a contested divorce. When both spouses agree to end their marriage amicably, they can file for a mutual consent divorce. Here are the steps involved:
- Joint Petition: A joint divorce petition is drafted, verified, and signed by both spouses and filed before the appropriate court.
- Cooling-off Period: After filing, the court grants a six to eighteen-month cooling-off period for the couple to reconsider their decision.
- Second Motion: If reconciliation does not occur, the couple files a second motion.
- Final Decree: If the court is satisfied that the divorce is mutually agreed upon and free from coercion, it grants a divorce decree.
According to Section 13(B) of the Hindu Marriage Act, 1955, and Section 28 of the Special Marriage Act, 1954, the couple must have lived separately for at least one year before filing a joint petition for mutual consent divorce.
2.2 CONTESTED DIVORCE
If one spouse does not agree to the divorce, the other can file a contested divorce based on specific grounds. These grounds vary by religion:
- Hindu Marriage Act, 1955: Grounds include adultery, cruelty, desertion, conversion, mental disorder, infectious diseases, renunciation, and presumption of death.
- Dissolution of Muslim Marriage Act, 1939: Grounds for a Muslim woman include the husband’s absence for four years, failure to provide maintenance for two years, imprisonment for seven years, failure to fulfill marital obligations for three years, insanity or leprosy for two years, and impotence.
- Indian Divorce Act, 1869: Grounds for Christians include conversion to another religion, adultery, bigamy with adultery, sodomy, rape, bestiality, cruelty with adultery, and desertion for two years.
- Special Marriage Act, 1956: Grounds include voluntary sexual intercourse with another person, desertion for two years, imprisonment for seven years, cruelty, infectious diseases, and presumption of death.
NECESSARY DOCUMENTS FOR DIVORCE
– Address proof of both parties
– Marriage certificate or proof of marriage
– Proof of separate living for over a year
– Details of earnings and assets
CONCLUSION
Marriage once considered a sacred and indissoluble bond, now has legal provisions for dissolution to ensure justice and relief from unhappy unions. The law provides various ways to seek a divorce, ensuring individuals, especially women, are not trapped in abusive or unsatisfactory marriages. Lawmakers must handle divorce cases with care to balance justice and societal impacts.
