The procedure for divorce in India is not at all an easy one. It isn’t convenient for either spouse to bear with the entire process of opting for legal separation, that begins with coping up with the many emotional ups and downs, to contesting with long awaited judgement delivered by the presiding court, which can very well stretch on for several months.
Those who decide to break their marital vows should know that the Indian legal process tends to take at least a year, and in some special cases of quarrel the case might just continue for years together. Which is why it’s always a better option to go for the uncontested route where both the parties agree on most terms and conditions. This helps both, man and woman, to move on with his/her life sooner, rather than unnecessarily facing the ill-will of a biased and hypocritical Indian society.
The Indian judiciary has implemented different laws for couples belonging to different religions due to the existence of diverse religious faiths in India.
The procedure in India is dependent primarily on one's religious standing, which means that there are separate laws that govern the process and terms of the breakup of a married couple.
The different laws that dictate the terms and conditions adhered to by Indian courts while presiding over such cases are:
Several laws have been passed by the government to make the current process more progressive with respect to gender affairs and relative sensitive affairs due to the advancement of time and social awareness.
To protect the rights of the Muslim women residing in India, the government passed the Muslim Women Act, 1986. The laws are provisioned under the Special Act 1969 for inter-caste and inter-religious weddings.
Each contested case is filed on the bases that are mentioned in the Acts that are passed out separately for different religions. The procedure for divorce in India is therefore varied for people coming from different cultural traditions. A frequent complication that arises can be when the spouses are not from the religious and cultural school thought.
As mentioned above, it is good to get go for mutual consent when compared to contested, since the conditions fpr the former is considerably easier, and less stressful. For getting separated by mutual consent, all you have to do is to make an agreement with your spouse for disputes regarding maintenance, custody of children's etc.
According to section 13B of the Hindu Act, a couple can get separate amicable with consent of both spouses only when they have lived apart for a minimum of a year. They both should agree to the inability to live their married life due to some unavoidable problems. Both the parties should voluntarily agree to the separation, and also with important issues pertaining to alimony, child custody, etc.
The filing of petition by both the wife and husband is known as the first motion. They can file for their second motion after six months. The six months period is allocated for the couple to rethink their decision, and in hope that through successful counselling they might succeed in reconciling, and continue with their married life.
If the requirements as governed by the law of the land are sufficient, then the decree can be filed within six months. The court passes this decree if the case file is not withdrawn within eighteen months. The court makes an inquiry in case any of the side withdraws his/her petition. The court has no rights to pass the divorce when the concerned party doesn’t agree to give their consent.
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