What is a Divorce?
According to the Indian legal system, Indian Divorce is the formal termination of a marriage. It eliminates the obligations and liabilities that come with a marriage between two people. Although divorcing is a difficult choice, it may be required for some couples to leave an unhappy and untenable arrangement. Depending on their particular circumstances, spouses in India have alternatives on how to end their marriage.We will over the various types of divorce in India. To prevent the emotional and financial hardship of a protracted legal battle, we would advise couples to obtain legal advice before deciding on the type of divorce to file and strive to resolve their differences peacefully.The parties may consult a divorce lawyer before starting legal action.
Different types of Indian Divorce
Here are the different types of Indian divorce by Law:
- Mutual Consent Divorce
- Contested Divorce
- Desertion Divorce
- Uncontested Divorce
- Divorce by Conversion
Mutual Consent Divorce
In India, the divorce with mutual consent is the most typical. When both parties agree to end the marriage and petition the court jointly, it is referred to as mutual consent divorce. Before submitting a petition for a mutual consent divorce, the couple must live apart for at least a year. The petition for divorce must state the parties’ grounds for divorce and include plans for alimony, child custody, and property division.
Contested Divorce
When one side files for divorce without the other’s consent, the divorce is referred to as disputed. Divorce can be granted for a variety of reasons, including abuse, infidelity, desertion, or mental illness. The side seeking the divorce must establish the grounds in court, and the opposing party is entitled to an attorney’s fee. Divorces that are contested can be time-consuming, difficult, and expensive.
Desertion Divorce
When one spouse quits the other without a good reason, a desertion divorce ensues. In order to obtain a divorce, one spouse must show that the other has abandoned them constantly for at least two years.
Uncontested Divorce
When both parties agree to dissolve the marriage but are unable to submit a joint petition for a variety of reasons, the divorce is referred to as an uncontested divorce. In some situations, one partner applies for divorce while the other does not object. Compared to a disputed divorce, the process is easier and speedier.
Divorce by Conversion
For people who have married outside of their religion, there is a sort of divorce known as conversion divorce. One spouse may seek for divorce on the grounds of cruelty if the other spouse opposes the spouse’s desire to convert to a different religion.
Types of divorces vary according to religious marriage acts as well. Details of Hindu and Muslim act is mentioned below.
Types of divorce under Hindu Marriage Act
- Divorce by mutual consent
- Divorce by adultery
- Divorce by cruelty
- Divorce by desertion
- Divorce by conversion
- Divorce by unsoundness of mind
- Divorce by venereal disease
- Divorce by renunciation of the world
Types of divorce under Muslim Personal Law
- Talaq-e-Ahsan – The most appropriate type of talaq, known as talaq-e-Ahsan, involves a single declaration of divorce followed by a three-month window in which the husband may rescind the divorce. At the end of the three months, the marriage will be dissolved if the husband does not revoke the divorce.
- Talaq-e-Hasan In talaq-e-Hasan, the divorce can be revoked by the husband three times, each time following a waiting period of one menstrual cycle. After the third proclamation, the divorce is final and cannot be undone by the husband.
- Talaq-e-Biddat In Talaq-e-Biddat, sometimes referred to as instant talaq or triple talaq, the husband must say the word talaq three times quickly, generally all at once. The Indian Supreme Court ruled that this type of talaq is unlawful in 2017.
- Khula Khula is a type of divorce where the wife files for the dissolution of their marriage with the husband. Khula requires both parties’ agreement to end the marriage, in contrast to talaq, when the husband has the only authority to divorce his wife. In a Khula, the wife often gives the husband money in exchange for being freed from the marriage. The payment may be monetary or non-monetary, for example, giving up her right to child custody or alimony. The marriage will be dissolved and the wife will be allowed to remarry if the husband agrees to the Khula.
- Mubarat -It is the mutual decision of the husband and wife to stop the marriage. Without assigning blame to the other for the dissolution of the marriage, both partners agree to part ways amicably. The word “Mubarat,” which translates as “release” or “discharge,” refers to the release of duties each spouse had to the other during the marriage. Mubarat can be started by either the husband or the wife, but it needs both of their approval to be enforceable. Similar to Khula, Mubarat does not specify any particular reasons for divorce, and the parties can agree on issues like property division, child custody, and alimony before starting the divorce procedure.
These are the several divorce procedures that are available in India. Every divorce has its own set of legal requirements, justifications, and repercussions. Couples seeking a divorce must speak with a divorce attorney to determine the best divorce strategy for them.
Conclusion
Divorce can be a difficult and emotional choice for couples to make, but it may also be required to leave a bad or unworkable marriage behind. For couples looking to dissolve their marriage, the Indian legal system offers a number of options, with each sort of divorce having its own distinct set of grounds and procedures.
While mutual consent divorce is the easiest and most amicable method to end a marriage, other divorce types, such as contested divorces, desertions, cruelty, adultery, and conversion divorces, can take longer and involve more steps. To prevent the emotional and financial hardship of a protracted legal battle, couples must obtain legal counsel before choosing the form of divorce to file and strive to resolve their differences peacefully.
Even though divorcing is a painful decision, it is important to comprehend the various divorce options provided by Indian law and select the one that best suits one’s particular situation. Couples may navigate the divorce process and go on to a better future with the proper legal advice and emotional support.