What is Divorce?

Divorce matrimonial, if we seek legal understanding then can be explained as dissolution of marriage check this webpage in the court but in general, language means the end of a relationship between a husband and a wife either with their consent or not.

Here we would try to help you out in every possible way to ease and understand the process of divorce for you. Before applying for divorce a prior understanding of the procedure, time and grounds are a must for everyone.

What are the Laws for Divorce?

Different laws under the Indian Constitution govern the divorce process in India. Due to the diverse cultures in India, every religion has a separate mention of laws for divorce under marriages in their religions. Let’s have a quick understanding of what the law says for marriage divorces in different religions.

The process for getting a divorce on mutual consent is a multi-step process. The procedure for mutual consent divorce in India is as follows:`

Hindu Marriage Act,1955
Section 13(1) of the Hindu Marriage Act,1955 provides the right to any one of the spouses to approach the court to seek divorce whereas according to Section 13(2) provision, only the wife is allowed to approach the court for a divorce. When only one partner wishes to divorce another it is a contested divorce where it should be filed on proper grounds for divorce.
As per Section 13B of the Hindu Marriage Act, any one of the spouses can file the divorce with the mutual consent of both of them.
Section 14 of the Hindu marriage act states that no one is allowed to file for divorce within one year of their marriage.

Dissolution of Muslim Marriage Act,1939
There are two categories of divorce under Muslim Law – Judicial and Extrajudicial.
Mutual divorce for Muslims falls under the extrajudicial category. The extrajudicial category is based on the belief that divorce is an act of two parties and the court does not need to intervene. Khula and Mubarat are two types of mutual divorce/agreement in Muslims.

Indian Christian Marriage Act, 1872 and Indian Divorce Act,1869
Section 10A of Divorce Act 1869 gives the right to a spouse to end their marriage with mutual consent. Both the partners are eligible for filing a petition for divorce in court. The grounds for Mutual Divorce are similar in all the laws additionally the petition can be withdrawn after 6 months from the date of presentation of the mutual petition but before a lapse of 18 months from such date.

The Parsi Marriage and Divorce Act, 1936
Mutual Divorce is governed by SectionB of the Parsi Marriage and Divorce Act,1936 which understates certain grounds that needed to be fulfilled for mutual divorce in Parsi marriages.

Special Marriage Act, 1954
The grounds for divorce are stated under Section 27 of the special marriage act,1954. The grounds for filing divorce could be adultery, desertion, imprisonment, cruelty, leprosy, and many others.