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how is divorce done in india?
Divorce in India can be a bit complex, as the laws vary depending on the individual's religion, personal laws, and the type of marriage. Here's a general overview: Types of Divorce Laws in India: 1. Hindu Marriage Act (HMA) 1955: Applies to Hindus, Buddhists, Jains, and Sikhs. Divorce can be filed oRead more
Divorce in India can be a bit complex, as the laws vary depending on the individual’s religion, personal laws, and the type of marriage. Here’s a general overview:
Types of Divorce Laws in India:
1. Hindu Marriage Act (HMA) 1955: Applies to Hindus, Buddhists, Jains, and Sikhs. Divorce can be filed on grounds like cruelty, adultery, desertion, or conversion.
2. Muslim Personal Law: Governed by Shariat law, Muslim couples can divorce through Talaq (instant divorce), Khula (mutual divorce), or Judicial Divorce.
3. Special Marriage Act (SMA) 1954: Applies to interfaith marriages or those who don’t want to follow personal laws. Divorce can be filed on grounds like cruelty, adultery, or desertion.
4. Christian Marriage Act 1872: Applies to Christians, and divorce can be filed on grounds like adultery or cruelty.
Grounds for Divorce:
Some common grounds for divorce in India include:
– Cruelty
– Adultery
– Desertion
– Conversion
– Mental disorder
– Disappearance
Process:
1. Filing a petition: One spouse files a divorce petition in the family court.
2. Serving notice: The other spouse is served with a notice, and they can respond.
3. Mediation: The court may suggest mediation or counseling to resolve issues.
4. Trial: If mediation fails, the case goes to trial, and evidence is presented.
5. Decree: The court grants a divorce decree, which finalizes the separation.
Mutual Divorce:
If both spouses agree to divorce, they can file a mutual divorce petition. This process is generally faster and less complicated.
Recent Changes:
The Divorce Amendment Act 2020 has introduced some changes, like allowing divorce by mutual consent after 6 months (earlier it was 1 year) and recognizing irretrievable breakdown of marriage as a ground for divorce.
Keep in mind that divorce laws can be complex, and individual circumstances may affect the process. If you’re going through a divorce or want more specific information, it’s best to consult a lawyer specializing in family law.
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