Indeed divorce is one of the most distressful and disquietude experiences for any individual. But, it is always a better decision rather than staying in a toxic relationship. If you are looking for some guidance regarding the divorce procedure, you are in the right place. Here is a brief portraiture of the process of taking divorce from your husband in India.
The basic idea of Divorce
The process of terminating a marital bond is termed as dissolution of marriage or divorce. The process of divorce involves invalidating or revising the legal duties and responsibilities of marriage and thereafter dissolving the marital union between a married couple, under the particular law of the state or country.
So, if you are tired of your partner and want to get out from your marital bond, then you can seek help from an advocate for registering a divorce case. It has been noted that adultery and incompatibility has turned out to be the top most cited grounds for filing divorce. Professional ambitions, family structure, improper lifestyles and mismatched priorities have been counted as some other important reasons for which young couples tend to part their ways.
Indian context of Divorce
In the western countries the terms and conditions of divorce are laid down even before carrying out the marriage but in India the scenario is totally different as marriage is considered to be a sacred alliance for the whole life.
But since the last couple of decades there has been an alarming and definite increase in the rate of divorce is carried out in India, especially in Delhi, Bangalore, Kerala, Chennai and Mumbai. In Delhi, the average number of divorce cases was 1000 on an average during the 90’s. But at present, the number has increased to about 9000 cases per year. Kerala has recorded a significant upshot of 350% in divorce rates, whereas Chennai and Kolkata have noted a Quantum leap of 200%.
Interestingly it has been noticed that more number of women are filing the divorce petitions which was totally unheard during the 70s and 80s. Additionally, the recent trends show that usually the couples between the age group of 25 to 35 files the maximum number of divorce cases.
Classification of Divorce
In Indian context Divorce is being classified into 2 categories:
- Mutual Consent Divorce : In order to carry out a less stressed procedure of divorce by saving your effort, money and time, you can ask your husband for a mutual divorce. It is the best option as you can avoid the long litigation process. The mutual consent divorce is filed jointly by both husband and wife under the Section 13b of Hindu Marriage Act 1955. Also no ground is required for filing a divorce and a single common lawyer can deal with the case.
- Contested Divorce : If your husband is not willing to give you a divorce then you can file a contested divorce under the Section 13 of Hindu Marriage Act 1955. You can file the case based on different grounds like adultery, cruelty, mental disorder, presence of any vulnerable disease, non resumption of cohabitation etc. But you have to prove the charges brought against him in the court. Also you need to hire separate divorce lawyers for each of you.
Steps involved in the Procedure of Divorce
For Mutual Consent Divorce
- The joint filing of the divorce petition goes in the First Motion.
- The couple needs to record their statements in the court.
- The First Motion is passed by the court after examining the documents, petitions and all the recorded statements.
- A six months cooling off period is being provided to the couple for rethinking.
- Within 18 months of the First Motion, the filing of the Second Motion needs to be done.
- Finally the Court passes the Decree of divorce.
B. For Contested Divorce
- You need to file the petition with proper evidence against your husband.
- The court will issue a summons and will record statements of your husband.
- Based on the statements either reconciliation may be suggested, or directly the examination and cross examination of the evidence and witnesses would start.
- The advocates of you and your husband shall represent their final arguments. This step is the vital one for winning the processing of the divorce.
- Lastly, the Decree of divorce will be passed based on the hearings. Also if you are not satisfied with the final order you might move to the higher courts.
Approximate Time required for Divorce
Mutual consent divorce might be obtained within 6 months but you cannot file a petition for mutual consent divorce within the first year of your marriage. An approximate gap of 6 months is present between the first and second motions and also the court can introduce the cooling off period in certain cases. Overall it will take around 1.5 to 2 years
But, the time required for Contested divorce is longer and it can even take up to 5 years depending upon the complications. Even there are possibilities that the decision of the court can be challenged by either party in the higher courts.
Amount of money you need to spent
Basically the court fee is very nominal of 15 INR only. But you need to appoint a lawyer and the fees of the private lawyers usually range from rupees 5,000 to 1,00,000 and it depends on the duration and type of divorce filed. However you can also ask for some free legal services by appointing an advocate from the legal aid cell .
Documents asked by the court
- Marriage certificate/ pictures of marriage/ invitation card of marriage
- Address proof of you and your husband
- Details of salary earned
- Details of the properties that are owned by the petitioner.
- Evidence of living separately for more than one year.
Significant factors in Divorce
Alimony: If you are not being able to support yourself financially after the divorce, then you can claim for alimony from your husband. It is an obligation included in the marital bond for supporting the financially weak partner. This financial support exists even after the dissolution of marriage and becomes stronger if you take custody of your child. Also the properties get settled as per the ownership of the spouses.
Custody of your Child: For mutual consent divorce you can settle the matter of your child’s custody by discussing with your husband. But in case of contested divorce, when your husband is not willing to give up the custody of your child, then the court will make the decision after acknowledging the desire of your child. Usually the mother becomes the guardian
for children below the age of 5 to 7 years .
Conclusion
Currently the Indian law provides several ways in order to help a woman to get out of an unhappy marriage. Women no longer need to bear the injustice and harassment by their husband and his family. Although, according to the Hindu religion, marriages are considered to be sacred, it is always better to move out from a bad marriage. Don’t forget that carrying out a divorce through mutual consent is always advisable because it comes with its own perks of saving your time and money. Also, make sure that you have a strong support system because many people break down tremendously after splitting up from their partners. So, take your decisions wisely!
Reference List:
http://www.legalserviceindia.com/legal/article-711-how-to-get-divorce-in-india.html
https://www.quora.com/What-is-the-simplest-and-quickest-way-to-get-a-divorce-in-India