How to get Divorce from Wife in India?

Author: Iqbal | Guide: India |

What is divorce- divorce is a legal decree of the court that declares a marriage is ended. India marriages are worldwide famous for its unbreakable, faith and belief of people and for its piousness. Indian marriages are not just marriages but here two families get involved for the lifetime. Divorce was heard before in the western countries only. 

But nowadays it is heard in Indian society also and it has become very common. The reasons of increasing divorce in India,  are the following-

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Divorce in India

divorce in india

  • First of all, in this modern era the bride doesn’t bear any kind of violence or disrespect by her in-laws. If they do then she doesn’t hesitate of getting the divorce.
  • As we know India is called male dominating country but now as the females are getting independent they demand equalities after marriage in every field if they don’t get it then again divorce is the option.
  • In India love marriage still a disgrace of the family. If a couple did a marriage in the pressure of family then they live frustrated and most of the time they separate with the help of divorce.
  • Either male or female indulgence in extramarital affairs leads to divorce.
  • Dowry can be the reason of divorce.
  • If females are not fertile then it is also a common reason divorce in India.

These are the common reasons but for divorce, you have to file in court because of following reasons-

  1. If one spouse is having an incurable disease.
  2. If one spouse is having extra marital or physical relation out of marriage.
  3. If one spouse is doing physical or mental abuse or violence which is fatal.
  4. If one spouse is unable to lead their sexual life.
  5. If one spouse is deserted the other for two years.

Mutual Consent Divorce- Indian marriages are held under the section B Hindu Marriage Act, 1955. The divorce is also filed in the court under this section. 

The mutual consent is a way of getting the divorce by mutual agreement if both parties are living separately for one year. 

That is why it takes less time and the maintenance is also accordingly. The process of mutual consent is the following-

The spouse has to file a divorce case in the court with ‘no fault divorce’.

The court will call both parties.

Both parties’ statements are recorded and signed in front of the judge.

Then court gives the couple time of six to eighteen months in case they change their mind of being together.

The court calls the couple for the second hearing and if still, the couple does not agree to withdraw their divorce case then the court issue the final decree of divorce in the name of the couple.

After the final decree, the marriage is dissolved.

Required Documents-

  1. The information related to your birth and your family.
  2. The income tax statement of last 2-3 years.
  3. The details of your professional life and the remuneration.
  4. The details of your properties and assets.

All you need is a good lawyer who can help you in sorting out the matter early.

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