When a marriage doesn't work out couple seek out for the divorce option. Divorce is always a bitter truth for couple and people related to them. But if things are not working out Divorce is a better option to start your life once again. We know it is not easy. Today we are going to tell you the process how to get the divorce in India legally.
Reasons for which you can legally file a divorce
- If the spouse of the petitioner is involved in extra-marital or sexual affair out of marriage.
- If the spouse of the petitioner is deserting more than two years from the time filling the divorce.
- If the spouse of the petitioner is doing physical or mental abuses which can lead to death.
- Inability in sexual intercourse.
- If the spouse of the petitioner is suffering from incurable disease.
- If the spouse of the petitioner is suffering from insanity.
Required documents- For filing a divorce in India the following documents are required-
- The information related to your birth and your family.
- The income tax statement of last 2-3 years.
- The details of your professional life and the remuneration.
- The details of your properties and assets.
Types of divorce in India
There are two types of divorces of which details we will discuss with you.
For mutual consent, divorce husband and wife can end the marriage by a mutual consent. In this, the maintenance can be any amount or nothing. The child custody can be shared or exclusive. It depends on how the couples co-operate and understands each other.
Step 1- In this mutual consent divorce the couple have to file ‘no fault divorce’ in the court under the Hindu marriage act section B, 1955.
Step 2- then held the first motion where the couple statements are recorded and signed in front of the judge.
Step 3- The Hon’ble judge gives six months to the second motion and also for the couple in case they change their mind.
Step 4- If the couple still has not changed their mind then a second motion held in which the judge will grant the final divorce decree.
This kind of divorce occurs because of dispute and takes longer time. As one of the spouses don’t appear at the time of hearing one or most of the time.
Step 1- First a file should be prepared and submit from a petition for divorce with the reasons.
Step 2-The spouse of the petition has to respond to the petition for divorce.
Step 3- A legal person means lawyer should be hired for the legal activities.
Step 4- The divorce discovery process starts in which information will be gathered from the spouse and the witness.
Step 5- then the trials happens for the motions.
Step 6- then the lawyers will do the settlements and negotiations between the two parties.
Step 7- If the settlement fails then prepare for more motions.
Step 8- The court try to convince the couple to make out the things but if they will not agree then the court finalizes the divorce decree on the basis of all witnesses and information.
Divorce percentage in India
In past, the divorce was a phenomenon of the western countries and was seen in India very rare cases. But with the passing time the scenario has changed. Nowadays divorce has become a common topic especially in the big and metro cities like- Mumbai, Delhi.
The scenario has changed in a way that there are 13 couples are getting divorced on 1000 marriages which are still better than the 500 couples are getting in the UK. But the courts are getting heaped with the petitions of divorce.
If we see the percentage of couples getting divorced is 10% comparatively to 50% of the western countries. In past, the divorce was a phenomenon of the western countries and was seen in India very rare cases.
But with the passing time the scenario has changed. Nowadays divorce has become a common topic especially in the big and metro cities like- Mumbai, Delhi.
The scenario has changed in a way that there are 13 couples are getting divorced on 1000 marriages which are still better than the 500 couples are getting in the UK.
But the courts are getting heaped with the petitions of divorce. If we see the percentage of couples getting divorced is 10% comparatively to 50% of the western countries.
Grounds of Divorce of marriage in India
Indian marriages once were famous for the most strong and unbreakable. But nowadays we are seeing a different picture. People get married and if things don’t work out between them they just knock the court door. Have a look why the number of divorces is increasing in India-
- The major reason for divorce is the inequalities between male and female related to every aspect. Most of the time the male tries to suppress the female and don’t allow her to develop. Female’s feeling gets hurt because she has equal rights. So, female try to oppose it but if still the male is not ready to settle down then this lead to the divorce situation.
- In this era, the Indian women are becoming independent. She is the master of her own will and dreams. If after marriage the husband tries to destroy her freedom and independence then she is not hesitating in getting the divorce.
- Today the most common reason for divorce is an extra marital affair or physical relations outside of the marriage. As in today’s world the women also doing jobs and it has become very easy to get in contact with someone around. So not only males but females are also blamed because of this reason in the court for the divorce.
- People have become very short tempered and lack of endurance. Couples are finding themselves unbearable not only the arrange marriages but in the love marriages. If they don’t find the goodness of marriage with the spouse they want to end that marriage and want to start again without wasting of time.
- India has not become that much modern yet that families allow children to do love marriages. The thing in the Indian family is if family pressures boy or girl to do only arrange marriage and the boy or girl is in love with some else. Then there are more chances of divorce if the boy or girl does marriage in the pressure of family and this is increasing rapidly. However, the issue is nothing that the family is against of love marriage but they give priority to their religion, caste, standard and society.