Divorce is one of the couple’s most traumatic incidents. Over time, there may be issues of compatibility and estrangement that not only spoil relationships but sometimes become unbearable. As a result, such marital issues often lead to divorce. Furthermore, if divorce is contested, it can also be a very long, expensive case in India.
As if you were Hindu you have to fulfill the motives and requirements of the Hindu matrimonial Act of 1995, unlike other countries, Indian law relates to divorce and religion. The dissolution of marriages under these religions also happens with other sects such as the Hindus, Parsi, Christians alike. The divorce law operates under certain circumstances, not in all cases. Until ending a husband and wife relationship, a wife may request a legal notice of divorce for the other spouse.
Divorce With Mutual Consent:
The courts shall consider divorcing with mutual consent when husband and wife both agree to divorce. In order to obtain mutual consent divorce, however, the following conditions are necessary.
- Living separately for one or more years
- mutually agreed that the marriage should be dissolved
What does the Section say
Section 13-B of the Hindu Marriage Act provides for a mutual divorce for Hindus, Sikhs, Jains, and Buddhists. The couple should live at least one year apart before divorce proceedings can start. However, Article 10A of the Divorce Act of 1869 requires that the couple be separated for a minimum of two years. the couple needs to prove that they have not been living as husband and wife during this time period.
Divorce Without Mutual Consent:
In a contentious divorce, a divorce appeal by a divorce lawyer can be filed by either of the partners in India. The Hindu Marriage Act provides certain grounds for proof of the party seeking a divorce. There are some explanations. Nevertheless, such theories are not common to all religions. These are as follows:
- Cruelty: Physical or mental cruelty may be cruelty. The Hindu divorce law in India states that if a spouse is reasonably afraid of injurious or harmful behavior of the other spouse, there are sufficient grounds on which to obtain divorce due to a spouse’s cruelty
- Adultery: In India, an adulterer may be charged with a criminal offense (i.e. has consensual sexual intercourse outside of marriage). Naturally, the wife will file a civilian petition for divorce. When, however, a wife commits adultery, then her crime can not be punished, although the husband may try adultery to prosecute the adulterer’s male.
- Conversion: A spouse may seek divorce if the other spouse converts to another religion, which is why it does not take any time for a divorce to be filed.
- Mental Disorder: When, due to mental illness, the partner is unable to perform the normal duties necessary in a marriage, divorce may be requested. If the mental illness is such that it is impossible to fulfill the normal duties of married life.
- Communicable Disease: Throughout India, Hindu Divorced Laws say that the other party can get a divorce, if the partner suffers from communicable diseases such as HIV / AIDS, syphilis, gonorrhea or virulent and unhealed type of leprosy.
- Renunciation of the World: The angry wife may obtain a divorce if the husband resigns from her married life and opts for sannyasa.
- Presumption of Death: If the spouse has not been heard of being alive for at least seven years by those individuals who would have heard of such a spouse if he or she were alive, then the living spouse can get a divorce decree.
Divorce Notice
Before anything else, you should be mindful of notifying your partner of a divorce. This is to explain the feelings and a forum to facilitate the disruption of the relationship with your thoughts. Legal notice of divorce will clarify the future relationship you want to have with the other spouse.
A spouse may give the other spouse a legal notice of divorce to express his / her intention to take legal steps in the marriage relationship. It is a structured contact that is the first step in breaking the bond between husband and wife.
What are the various documents required to file Divorce
In compliance with the Indian Divorce Act, 1869 the following papers have to be submitted for divorce in India:
- Address proof of husband
- Address proof of wife
- Marriage certificate
- Four passport size photographs on husband’s and wife ‘ s marriage
- Evidence that partners have been living separately for over a year
- Evidence relating to the failed attempts of reconciliation
- Income tax statements for the last 2-3 years
- Details of the profession and present remuneration
- Information relating to family background
- Description of the petitioner’s belongings and other properties