Divorce

Under Hindu Law marriage is a sacrament and an eternal union. However, the grounds of divorce were introduced by the Hindu Marriage Act, 1955 (HMA). The law provides for a way to get out of an breakdown of marriage by seeking divorce in a court of law.

The Hindu Marriage Act, 1955 as amended by the Marriage Laws (Amendment) Act, 1976 lays down nine grounds viz. adultery, cruelty, desertion, conversion to a non – Hindu religion, incurable insanity or mental disorder, virulent and incurable leprosy, venereal disease in communicable form, renunciation of world by entering into a holy order and presumption of death.

Grounds of Divorce under Special Marriage Act, 1954:

The Special Marriage Act, 1954 recognizes eight grounds based on guilt on which either party may seek divorce and two additional grounds for the wife. The eight grounds include: adultery, desertion, imprisonment, cruelty, venereal disease, leprosy, incurable insanity, and presumption of death.

Process of Filing Divorce by Mutual Consent:

• Filing for divorce before a family court or the appropriate court of jurisdiction.
• Serving divorce notice/papers to the other spouse.
• Negotiations or court hearings on issues like alimony, division of property, child custody, and visitation.
• Final judgment by the court.

Common Issues:

• Division of assets, property, finances, and debts.
• Determination of child custody and support.
• Alimony/maintenance to be given to one spouse from another if dependent.
• Emotional challenges for the couple and family members.

Legal Consultation:

• Consult a divorce lawyer to understand your legal rights, responsibilities, and options.
• Identify the grounds for divorce as defined under the law.
• Drafting and filing divorce petitions before the family court.
• Respondent's reply to the divorce petition and negotiation of terms.