Divorce is a big choice that is difficult, particularly in a place like India where marriage is deeply established in societal and religious customs. It’s important for ladies wishing to file for divorce from their husbands to learn about the legal procedure. With a focus on the various forms of divorce, reasons for divorce, and the associated legal processes, this article offers a comprehensive guide for getting a divorce in India. Learn More about nri divorce lawyers in chennai
Types of Divorce in India
- Mutual Consent Divorce: When both parties agree to dissolve the marriage, this is the least complicated type of divorce. If both the husband and wife decide that their relationship should end after living apart for a minimum of a year, they can get a mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955, and equivalent regulations in additional individual laws.
- Disputed Divorce: A woman may seek a disputed divorce in certain legally accepted circumstances if mutual consent cannot be reached. Common justifications include abuse, cheating, abandonment, conversion to another faith, mental disorder, venereal illness, and chronic leprosy. The specific justifications depend on the prevailing personal law.
Legislative Process for Divorce
- Meet a Lawyer: The first step is to meet with a knowledgeable family lawyer who can help you throughout the legal procedure depending on your circumstances.
- Submitting the Petition: In a mutually agreeable divorce, spouses file a petition together in family court. For a contested divorce, the woman must submit an application in a family court having authority over her home or the location of the marriage.
- Delivering the Letter: After filing the petition, the court sends a notice to the spouse to show up in court.
- Negotiation and therapy: The court might send both partners to mediation or therapy to discuss the possibilities of healing. If mediation is unsuccessful, the dispute will move to trial.
- Trial: During the trial, both sides offer proof and justifications. The court interviews eyewitnesses, reads paperwork, and hears opinions from both parties.
- Ordering a divorce: If the court feels that the valid reasons for divorce have been determined, it issues an order of divorce, formally terminating the relationship.
Rights entitled to women during and after divorce
- Maintenance: A woman is entitled to support from her spouse during and after the divorce, based on her financial status. The court determines the amount based on variables such as the husband’s revenue, the wife’s requirements, and the level of life maintained during the marriage.
- Custody of Kids: The court determines custody of kids based on the child’s strongest interests, which frequently favors the mother, particularly for small children.
- Alimony: The court may order an initial one-time payment, known as alimony, as an extra for continuing maintenance.
- Rights to assets: According to the relevant personal law, a woman has an entitlement to live in the marital house or claim a piece of the property owned by her husband.
