Divorce Formalities in India by LawCrust

Dissolving a marriage can be an emotionally charged experience. If you’re considering divorce in India, understanding the Legal Formalities for Divorce in India is crucial for navigating the process smoothly. This article provides a clear overview of the key steps involved in obtaining a divorce in India.

Grounds for Divorce:

Indian law recognises various grounds for divorce under different matrimonial statutes. The most common grounds include:

• Adultery (Section 10(1)(a) of the Hindu Marriage Act, 1955)
• Cruelty (Section 10(1)(c) of the Hindu Marriage Act, 1955) which can be physical or mental cruelty
• Desertion for a continuous period of not less than two years (Section 10(1)(d) of the Hindu Marriage Act, 1955)
• Living separately for a continuous period of not less than one year (Section 13B(2) of the Hindu Marriage Act, 1955)
• Presumption of death of the spouse after seven years of disappearance (Section 10(1)(e) of the Hindu Marriage Act, 1955)
• Mutual consent (Section 13B(1) of the Hindu Marriage Act, 1955)

The specific grounds for divorce will depend on the applicable matrimonial law based on the religion of the spouses.

Types of Divorce:

There are two primary types of divorce in India:

• Contested Divorce: This occurs when one spouse initiates the divorce proceedings by filing a petition citing the relevant grounds against the other spouse. The contesting spouse can then file a counter-petition. This process can be lengthy and involve court appearances for both parties.
• Mutual Consent Divorce: This is a faster and less acrimonious option where both spouses agree to dissolve the marriage. A joint petition for divorce by mutual consent can be filed under Section 13B of the Hindu Marriage Act, 1955. However, a cooling-off period of one year with a separation is mandatory before the divorce can be finalised.

Legal Procedures:

The legal procedures for obtaining a divorce will vary depending on the type of divorce and the applicable matrimonial law. Here’s a general outline:

• Petition Drafting and Filing: A lawyer drafts a petition outlining the grounds for divorce and relief sought (dissolution of marriage, child custody, alimony, etc.). The petition is then filed with the appropriate family court.
• Service of Notice: The court serves notice on the other spouse regarding the petition.
• Response and Counter-Petition (Contested Divorce Only): The responding spouse has the opportunity to file a response and, if applicable, a counter-petition.
• Mediation (Optional): In some cases, the court may order mediation to explore possibilities of reconciliation.
• Evidence Presentation: During hearings, both parties present evidence to support their claims.
• Judgment: The court delivers a judgment, which may grant the divorce or dismiss the petition. In a contested divorce, the judgment might also address child custody and division of assets.
• Decree: Once the judgment is pronounced, a decree of divorce is issued by the court, finalising the dissolution of the marriage.

Recent Landmark Judgment:

In a landmark judgment in 2019 (Yashdeep Singh vs. Gurmeet Kaur), the Supreme Court of India clarified that a wife’s filing of a maintenance petition under Section 125 of the Criminal Procedure Code (CrPC) does not amount to a waiver of her right to seek divorce. This judgment protects women’s rights and ensures they can pursue both maintenance and divorce independently.

Seeking Legal Guidance:

Divorce proceedings can be complex and emotionally draining. Consulting an experienced divorce lawyer is highly recommended. A lawyer can guide you through the legal process, represent you in court, and ensure your rights are protected.

LawCrust Legal Consulting: Your Trusted Partner

LawCrust Legal Consulting, a subsidiary of LawCrust Global Consulting Ltd., is a leading company in the management and legal industry. With over 70 panelled lawyers across various specialisations and more than 50 offices pan-India, we offer comprehensive legal support for individuals and businesses. We understand the complexities of divorce proceedings and can provide you with the legal expertise and support you need during this challenging time.

LawCrust: Your Divorce Experts

LawCrust Consulting Ltd, we specialise in resolving divorce matters. Our experienced team of lawyers understands the legal complexities and emotional challenges involved in divorce proceedings. Whether you’re seeking mutual consent divorce or facing contested issues, or need financial and legal protection trust LawCrust for expert guidance.

We will guide you through every step of the divorce process, from the initial consultation to the final judgment. We are committed to protecting your rights and ensuring a fair and just resolution to your case.

For premier legal assistance with your divorce case, contact LawCrust Legal Consulting today. Call us at +91 8097842911 or email us at bo@lawcrust.com. We are here to help you navigate the legal landscape and achieve a favorable outcome.