Although the divorce process in India is quite long, the situation becomes even more complicated when the marriage involves one or both non-resident Indians. The Indian legal system does not provide for very comprehensive divorce laws for marriages with or between non-resident Indians. However, if a couple married in India under the Hindu Marriage Act 1955, the partners can file for divorce by mutual consent, just like other Indians residing in the country. If both spouses reside in a foreign country, Indian law recognizes their divorce under the laws of that country. (iii) And that husband and wife have mutually agreed that the marriage is completely broken. Therefore, the marriage should be dissolved. Under these conditions, an amicable divorce can be pronounced. A contested divorce is filed for the reasons mentioned in the separately enacted laws for different Indian religions. The application for divorce by mutual consent of husband and wife is called the “first application”. A couple can submit a second application after a six-month break. The six-month period is given to the couple so that they have time to reconsider their marriage. Some of the important issues that the couple should have agreed on in their amicable divorce application are custody of the child, alimony to the wife, restitution of the dowry or “streedhan” and court costs.
The maximum time limit for filing a second application is 18 months from the date of filing the petition for divorce with the family court. Divorce is the legal dissolution of marriage. Since India is a country with different religious communities that have their own marriage laws, the divorce procedure varies too differently depending on the community of the couple filing for divorce. All Hindus as well as Buddhists, Sikhs and Jains can divorce under the Hindu Marriage Act 1955. The Muslim, Christian and Parsi communities, on the other hand, have their own laws governing marriage and divorce. Spouses belonging to different communities and castes may divorce under the Special Marriage Act of 1956. There is also the Foreign Marriage Act of 1969, which governs the Divorce Act in marriages where one partner is of another nationality. Child support is the financial support a spouse needs to provide a separated partner during and after a divorce. Section 28 of the Special Marriage Act 1954 and Section 10A of the Divorce Act 1869 also provide for divorce by mutual consent.
According to the Hindu Marriage Act 1955; An application for an “amicable divorce” can be filed if you and your spouse are having difficulty and have decided to separate legally. Under the Hindu Marriage Act, 1955, husband and wife have the right to have their marriage dissolved by decree of divorce for more than one reason expressly mentioned in section 13. Filing for divorce in India is a long legal case where the duration of the lawsuit takes at least six months. However, the time and money required for a divorce can be significantly reduced if the couple is seeking an amicable divorce. In this case, the separated spouses may mutually agree and apply for a “no-fault divorce” under section 13B of the Hindu Marriage Act, 1955. All marriages entered into before or under the Marriage (Amendment) Act 1976 are entitled to avail themselves of the consensual divorce provision. However, to file for divorce, the husband and wife must have been living apart for at least one year. For mutual divorce proceedings in India, you can make an agreement with your spouse where you can resolve all kinds of disputes regarding alimony, child custody and others. 1. The court may be the court in which the couple applying for divorce last lived.
Adultery by the applicant`s spouse or any other sexual relationship outside marriage. Intentional abandonment or suspension of the applicant by the spouse for an uninterrupted period of two years in India prior to the date of the divorce application. Physical and/or psychological torture inflicted on the complainant by his or her spouse which may endanger the life and health of the applicant. Sexual impotence or inability of the applicant`s spouse to have sexual intercourse. mental illness or incurable illness caused by the applicant`s spouse. Some of the reasons why any spouse can file for divorce in India are: The interim maintenance order remains valid until the final maintenance order is made by the court during the divorce. You can even file for divorce if the other party is unwilling to divorce – this is called a “contested divorce.” Thereafter, both parties to the divorce have six months before they can file the second application. According to the Indian legal system, divorce proceedings usually begin with the filing of a divorce application.
Joint documents are required to file for divorce, even our expert lawyers will help you prepare the documents if something is missing: India`s amicable divorce procedure is more cost-effective and less traumatic than controversial divorce proceedings The conditions of alimony also vary from one personal law to another. Whether and how much maintenance is awarded to the applicant therefore depends on the laws under which he married. In exceptional cases, the court may order the payment of maintenance to the applicant by a public body after the divorce. Another aspect of divorce that comes with many emotional traumas and legal complications is custody. This is because a divorce leads to the breakdown of the whole family. Not only is the child separated from one of his parents, but he may also lose other siblings and extended family. The Hindu Marriage Act, 1955 contains comprehensive laws concerning the custody and maintenance of children. If the child is under five years of age, custody is unanimously transferred to the mother.
For older children, custody of a girl is usually given to the mother and that of the boy to the father. Access is an important aspect of custody that determines how often the separated parent can meet their children. Family allowances are closely linked to childcare. The whole divorce procedure in India begins with the divorce application completed by the parties involved in the divorce process, and the notice of the same is served on the other. First, both spouses must file a joint application for dissolution of marriage with the family court to obtain a divorce decree on the grounds that they could not live together and that they had mutually agreed to dissolve the marriage, or that they had been separated for a year or more. In India, family courts can issue an injunction on the maintenance of one of the spouses if he or she is separated from the other spouse with minor marital disputes, with an order of legal separation, or if one of the spouses has filed for divorce. Therefore, an action for divorce or legal separation is not mandatory to claim monthly support. A woman or a man ceases to receive child support from her spouse as soon as he or she remarries, unless he or she has a child. For example, women often ask for a one-time out-of-court settlement (or alimony). If, after hearing the parties, the court is satisfied that the allegations contained in the application are true and that there can be no possibility of reconciliation and cohabitation, it may issue a divorce decree declaring the marriage dissolved.
The divorce becomes final as soon as the court has issued the divorce judgment. According to Section 13B of the Hindu Marriage Act, husband and wife can only apply for divorce if they have been living apart for at least one year. The couple must mention together that due to unavoidable circumstances, they are unable to continue the conjugal relationship. Both parties must voluntarily agree to dissolve the marriage. Both husband and wife should be willing to separate, this is the first and most important rule when it comes to divorce by mutual consent. Also the following things to consider before filing for divorce: As we know, there are different laws for marriage registration, the same applies to divorce, the law has different provisions regarding marriage certificates, which are: In the case of a divorce by mutual consent, both parties must have consented and there must be no differences in matters related to maintenance disputes. Custody of a child, alimony, property, etc.