Divorce Law

Divorce in India is governed by various laws based on the religion of the couple. The most commonly used law is the Hindu Marriage Act, 1955, which applies to Hindus, Sikhs, Jains, and Buddhists. Muslims, Christians, Parsis, and Jews are governed by their respective personal laws such as Special Marriage Act, 1954.

Grounds for divorce under the Hindu Marriage Act include adultery, cruelty, desertion for a continuous period of not less than two years, conversion to another religion, mental disorder, venereal disease, renunciation of the world or sanyasa, presumption of death, and irretrievable breakdown of marriage.

The divorce petition can be filed in the family court having jurisdiction over the place where the couple last resided together or where the respondent resides.

The divorce procedure involves filing a petition for divorce, serving the petition to the other party, attending court hearings, and obtaining a divorce decree from the court. Broadly, divorce proceedings are of two types i.e. Mutual Divorce (Parties mutually consent to obtaining a divorce decree) and Contested Divorce (either party wanting a divorce decree but the other is against the same).

In terms of alimony and child custody, both husband and wife have the right to claim alimony from each other. The court will take into account factors such as the earning capacity of each spouse, their financial status, the duration of the marriage, and the conduct of the parties when determining the amount of alimony. In child custody matters, the court will consider the welfare of the child as the paramount consideration.

Overall, divorce in India is a complex and evolving area of law and the specifics of each case can vary greatly. It is always advisable to seek legal advice before initiating any legal proceedings.


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