How to file a Divorce Case Petition in India

The procedure of filing a divorce:

According to the Indian divorce laws there are mainly two ways to obtain you divorce, the mutual divorce and the contested divorce. In case of a mutual divorce, you can have a talk with your estranged spouse to come to a settlement and get a “no-fault divorce”. If you are seeking a contested divorce, you can file your divorce on the grounds that are specified under the particular Indian marriage act that you are entitled to. There are separate divorce laws for Hindus, Christians, Parsis and Muslims. Sikhs, Jains and Buddhists are governed by the Hindu Marriage Act, 1955 for filing for divorce in India. Laws are even laid down for Inter-cast marriages under the Special Marriage Act, 1956.

Grounds for filing Divorce in India under Hindu marriage Act,1955.

GROUND ON WHICH MARRIAGE CAN BE DISSOLVED:

1.      Adultery

2.      Cruelty

3.      Desertion and failure to maintain

4.      Conversion to another religion

5.      Incurable mental disorder

6.      Incurable mental disorder which may result in abnormally aggressive   or irresponsible  behavior

7.      Virulent and incurable leprosy, or communicable venereal disease not  contracted from the party filing the application.

8.      Renunciation of worldly life.

The parties may decide to seek divorce by mutual consent, having decided that they do not want to live together. In such a petition, they need not disclose their reasons for making such a decision.

Muslim personal law also grants several options for the husband to seek divorce without approaching the court. The wife would be entitled to maintenance and dower and also to appeal the divorce in court.