How to file a divorce petition in India

INDIA DIVORCE PROCESS / INDIA DIVORCE PROCEDURE

Divorce in India is certainly not an easy procedure. The entire process of divorce that starts from coping up with emotional ups and downs to contesting for the long awaited divorce decree for several months is definitely a tough affair to get through. Before opting for a divorce you should be aware of the fact that a divorce procedure in India extents for almost a year and in some special cases of disputes the procedure may continue for years. The long distressing process of divorce will be easier for you to handle if you have a firm determination to get the divorce.

Due to existence of diverse religious faiths in India, the Indian Judiciary has implemented laws separately for couples belonging to different religious beliefs.

Divorce procedure in India is based on the following acts.

The Hindu Marriage Act, 1955

The Parsi Marriage and Divorce Act, 1936

The dissolution of Muslim Marriage act, 1939

The Special Marriage Act, 1956

The Foreign Marriage Act, 1969

With the advancement of time and social awareness, several acts have been passed by the government to make the present day divorce procedure in India more progressive with respect to gender affairs and related sensitive issues. The Muslim Women Act 1986 was passed to protect the rights of Muslim women on divorce. For inter caste and inter- religion marriages the divorce laws are approved under The Special Marriage Act, 1956.

A contested divorce is filed on the grounds that are mentioned in the acts passed out separately for different Indian religions.


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