Indian Divorce Procedure – Some Essential Tips
Marriage is a turning point in the life of every person. It gives you a new life and a new identity. But not always is this turning point a favorable one, which may in turn lead to both parties getting frustrated enough to decide to end it.
Ending a marital union is generally quite painful and stressful. This makes it important for you to know and understand the divorce procedure in India.
Divorce in India can have severe psychological effects. There can be any number of reasons for spouses to opt for parting ways. And also the fault may be in either the husband or the wife or even both. The reason may be violent conduct from the husband, unfaithfulness on part of the wife or husband, or a drunkard spouse or any other reason causing tension and disturbance.
The new found independence of the women can be another reason for the recently-observed rising rate. It by no means implies that you women should sit back and bow down to dominating husbands. In fact, it’s about time that society accepts the fact that women are equals too.
Women in India want to experience their independence in many ways and don’t just want to do old fashioned household chores. This independence, sometimes, is seen as misbehavior on the part of the wife. Such prolonged quarrels, coupled with the incapability of the husband to understand its true nature, can many at times lead to him opting to break his marital vows.
Lack of adjustment also paves way for it. Once you are ready to end the long and stressful marital relationship, and are confident about your decision, you can move forward towards approaching the court.
But before proceeding, you must know the procedure you need to follow.
Find A Good Attorney To Help You
You should first hire an attorney to act as your legal advisor. While hiring a lawyer, you should consider whether he/she is effective enough to handle such cases tactfully, because he/she will be acting as your sole legal advisor. The attorney should also have enough time to analyze and have some commitment towards the case. It is advisable to have an agreement about the fee structure before agreeing to any specific attorney.
Understand The Procedure And Risks Involved
According to the Indian laws, there can be two kinds of legal separation of married individuals. These types are mentioned below:
- Mutual, or Uncontested Divorce in India
- Contested Divorce
In the case of a mutual, or uncontested separation, the couples have come to a mutual understanding between themselves by having a settlement. Thus, it is the easiest process to receive closure on ones marriage. Going the uncontested route not only prevents both spouses from the long and tedious courtroom affairs, it also helps them to move on with their respective lives sooner. Another major advantages of choosing this option is that it is comparatively less expensive for both parties involved.
If any one of the couple goes for contested divorce in India, he/she will have to file for the same on the grounds that are mentioned under the Indian Marriage Act.
For divorce in India there are many different laws for the various religions based on their own unique religious faith. The Indian judiciary has implemented laws separately for different religions like Hindus, Muslims, Christians and Parsis.
- Hindu Marriage Act of 1955, governs Jains, Buddhists and Sikhs.
- Parsi Marriage Act, 1936 governs the Parsis.
- For inter-cast marriages some laws have been laid in the Special Act of 1956.
Under the Indian Jurisdiction, a party can apply for a legal separation on the following grounds:
- Indulgence of the partner in adultery or involving in sexual relationship outside his or her marital vows.
- Abusing physically and mentally which could put the life or health in danger.
- If the spouse is suffering from an incurable diseases or insanity.
- Deserting the spouse or petitioner for 2 continuous years before the filing of the petition.
- If the spouse is sexually impotent or incapable to have sexual intercourse.
Based on these grounds, one can approach the court as long as they adhere to the established guidelines by our legal system.
To approach the court with the assistance of a lawyer, you will have to provide him/her some necessary or relevant details of your marriage or in other words, details of the case. For filling a petition, you will need the following documents to adhere to the laid down procedure:
- Past three years IT (Income Tax) statements.
- Your profession and remuneration.
- Family details.
- Birth certificate.
- Details of ownership of assets.
You will also need to submit various details pertaining to your marriage like, “when was the ceremony?”, “what were the marital vows and cultural traditions were followed?”, “what caused the decision of filing a petition?”, etc.
The separation can be contested strongly – if you are honest with the details you give to the lawyer as it would be easier for the lawyer to represent your side. This can very well be the deciding factor when it the time comes for a judgement. It therefore is best that you reveal everything that you can to your respective lawyer(s).
Signing of a ‘vakalatnama’ is mandatory if you are using a Lawyer. It gives the authority to the lawyer to stand for you in the court. After a case is filled, the court will send a copy of the petition along with a notice, to your spouse by post to be present in the court on the specified date.
Getting a divorce can be a long and demanding process. You will need enough patience, strength and also financial support for surviving the long and strenuous divorce procedure India.