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Divorce

Divorce means dissolution or termination of a legally solemnized marriage. Divorce exempt both the parties from legal and moral duties of marriage right to marry again legally.

There are numerous divorce laws in the constitution of India and we undertake all kinds of litigation pertaining to the divorce such as Special Marriage Act-1956, Hindu Marriage Act-1955, Christian Marriage Act, Indian Divorce Act, etc, which looks for the ground on which divorce can be sought out by the spouses.

Grounds of divorce may be many but the way are generally two: -

  1. Mutual Consent Divorce:
    • On this ground, a joint divorce petition is mutually filed in the District Court. Section 13 B of the Hindu Marriage (Amendment) Act, 1976, allows provision for dissolving a marriage through mutual divorce in India. Marriages solemnized before and after the Marriage Laws Act are entitled to this provision. In this divorce the allegations are not put on each other and the divorce completed within a period of six months.

  2. Contested Divorce:
    • On this ground, a joint divorce petition is mutually filed in the District Court. Section 13 B of the Hindu Marriage (Amendment) Act, 1976, allows provision for dissolving a marriage through mutual divorce in India. Marriages solemnized before and after the Marriage Laws Act are entitled to this provision. In this divorce the allegations are not put on each other and the divorce completed within a period of six months.
    • The normal divorce cases generally take minimum time of about 2 years including all the paperwork, disclosures and all required judicial processes. The actual process can feel endless with the added problems such as custody or access issues, one party not willing to settle, other family objections. Our legal team aims to simplify the whole situation as much as possible. Our professionals provide legal support and right guidance to move forward with the procedures including Child Custody, Maintenance, Criminal Procedure, Annulment of Marriage, Restitution of Conjugal Rights, Domestic Violence, Foreign Divorce, Divorce Petition Drafting. Feel free to call us at any point of time for free legal consultancy.

  3. Divorce Procedure in India
    • In India, the marriage as well as the divorce laws for Hindus, Sikhs, Buddhists, and Jains are described under the Hindu Marriage Act, 1955. There are other divorce laws for different religions as well. There are separate laws for inter-caste or inter-religion marriages.
    • Dissolution of Muslim Marriages Act, 1939.
    • The Parsi Marriage and Divorce Act, 1936.
    • Spouses belonging to different communities/ religions/ castes can solemnize marriage and seek divorce under the Special Marriage Act, 1956. (Inter-Cast of Inter-Religion)
    • Indians belonging to Christian community can seek divorce under the Indian Divorce Act, 1869
    • The Foreign Marriage Act 1969, governs divorce laws in marriages where either partner belongs to another nationality.

  4. Ground of Void Marriage

    There are certain forms of marriages which are declared null and void on legal and moral grounds despite the proper performance /solemnization. A marriage can be declared void under the following circumstances:-

    • When either of the party has a spouse living at the time of the marriage.
    • When the parties are within the degrees of prohibited relationship.
    • When both the partners are sapindas of each other.

    Time taken for obtaining a divorce varies from case to case and place to place. Generally the contested divorce proceedings take 18 to 24 months, approximately, whereas, the time duration for Mutual Consent Divorce can vary from 4 weeks to 7 months and more. The mutual consent divorce is possible within two to four weeks in Delhi.


  5. Annulment of Marriage
    • In India, the marriages can also be dissolved by the means of Annulment. The grounds for annulment are different than that of divorce, but both follow the same procedure. The grounds for annulment and nullifying the marriage are pregnancy by another male other than the husband, impotency prior to the marriage, and fraud. The status of both the parties remains the same as it was prior to the marriage after the annulment.