Understand divorce rules in India, including legal grounds, procedures, and rights under Hindu, Muslim, Christian, and Special Marriage Acts.
Divorce is the legal process of ending a marriage between a husband and wife. In India, different communities follow different laws for divorce.
The Indian Divorce Act – Overview
The Indian Divorce Act was introduced in 1869. In India, different religious groups have separate laws for divorce. Consulting famous divorce lawyers in Bangalore can help you navigate the legal complexities specific to your religion. Hindus, Buddhists, Sikhs, and Jains follow the Hindu Marriage Act of 1955, while Muslims follow the Dissolution of Muslim Marriages Act of 1939.
Types of Divorce Petitions
Christian couples can get divorced in two ways: mutual consent divorce or divorce without mutual consent.
Divorce with Mutual Consent
If both spouses agree to separate, they can file for divorce under Section 10A of the Indian Divorce Act. The conditions for this type of divorce include:
- The couple must have lived separately for a minimum of two years.
- They must prove they have not lived as husband and wife during this period.
- They must agree on child custody, maintenance, and property division.
Divorce without Mutual Consent
Either the husband or wife can file for divorce under certain conditions.
Petition by Husband
A husband can file for divorce if his wife has committed adultery after marriage.
Petition by Wife
A wife can file for divorce under these conditions:
- Her husband has converted to another religion.
- He has married another woman.
- He has committed incestuous adultery.
- He has committed bigamy with adultery.
- He has committed rape, sodomy, or bestiality.
- He has been cruel or has deserted her for two years or more.
Divorce Procedure
The petition must mention the reasons for divorce. The court can dismiss the case if:
- The evidence is not satisfactory.
- The petitioner was involved in adultery.
- The petition was filed in collusion with the other party.
If a district court rejects a petition, the person can appeal to the high court. If the court finds the case valid, it grants a divorce decree.
Judicial Separation
Judicial separation allows a couple to live apart without dissolving the marriage. The court grants it in cases of adultery, cruelty, or desertion for two years or more.
Alimony and Property Rights
During a marriage, both partners must support each other. The court decides alimony based on factors like:
- The length of the marriage.
- The financial condition of both spouses.
- The health of the spouse receiving alimony.
- Custody of children.
Child Custody
In mutual consent divorce, parents decide custody. In contested divorce cases, the court ensures the child’s best interest. Usually, non-working mothers get custody, while fathers provide financial support.
Documents Required for Divorce
To file for divorce, the following documents are needed:
- Address proof of both spouses.
- Marriage certificate.
- Four photographs from the wedding.
- Proof of separation for at least one year.
- Evidence of failed reconciliation attempts.
- Income tax statements for the last two years.
- Job and salary details.
- Family background information.
- Property and asset details.
Filing for Divorce
Divorce cases follow the Code of Civil Procedure, 1908. The petition should include:
- Names, status, and residence details of both spouses.
- Marriage details (date and place).
- The last place they lived together.
- Names and birth details of any children.