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.
