Divorce in India

There are different laws of Divorce for different religion.

For Hindus: (which includes Sikh, Jain, Budh as well) are governed by Hindu Marriage Act, 1955.

For Christians: are governed by Indian Divorce Act- 1869, The Indian Christian Marriage Act, 1872.

For Muslims: are governed by Personnel Law of Divorce, Dissolution of Marriage Act, 1939, The Muslim Women (Protection of Rights on Divorce) Act, 1986.

For Parsis: are governed by Parsi Marriage & Divorce Act-1936. (Under Secular law) Special Marriage Act, 1954.

The Divorce can be obtained by two ways:

• Divorce by Mutual Consent.
• Contested Divorce.

MUTUAL CONSENT DIVORCE

Divorces are tough! But so are marriages that take a toll on your physical/mental well being, divorce is no more a taboo, and people are increasingly accepting the harsh realities of their relationships, and are taking decisions so as to get into better relationships.

In mutual divorce a joint petition is prepared stating the facts when the marriage took place and from when the husband wife are living separately and similarly a brief reason in general that why they are not living together like differences etc--no personal facts are disclosed.

Mutual Consent Divorce is a simple way of coming out of the marriage and dissolves it legally. The important requirement is the mutual consent of the Husband & Wife.

A divorce by mutual consent is a straight-forward affair that consists of both parties coming to a mutual agreement on the terms on which they agree to part ways. This is then reviewed by the Family Courts and finalized in 6 months.

There are two sides on which Husband & Wife have to reach to consent. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure.

Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or depending upon the understanding of the spouses.

Duration of Divorce in Mutual Consent varies from one month to six months or more from States to States and as per the High Court directions.

DISCLAIMER:This article is for general information purposes only. Always consult a Lawyer before you proceed with your case. Your situation might need a different approach.