Divorce Procedure in India
Divorce by mutual consent
Divorce by mutual consent is the fastest way of getting a divorce in India. A petition seeking divorce has to be filed in the Court by the married couple, on the grounds that both the husband and the wife have been living individually for a time frame of one year or more, thereby failing to fulfill their matrimonial obligations and wanting to dissolve their marriage. A reasonable amount of time, i.e. between 6 to 18 months are given to the married couple for reconsidering their decision for seeking divorce and withdraw the petition. However, if the petition is not withdrawn during this period, the Court after having been fully satisfied with the averments made in the plaint and after having heard both the parties would grant a decree of divorce.
Filing for the Petition for divorce
Every petition for divorce should be filed in the District Court within the jurisdiction of which:
- The marriage was performed as per Hindu ceremonies and rituals,
- Both parties to the marriage dwelled,
- The other party at the presentation of the petition resides; or
- Where the petitioner is residing at the time of presentation of the petition in case the other party is residing outside the territories to which the Act extends or has not been heard of as being alive for a period of seven years or more.
Divorce Under Muslim Law
Under the Muslim Law a marriage is dissolved either by the death of the husband or wife, or by divorce. After the death of a wife, the husband may remarry immediately. But the widow cannot remarry before a certain specified period called Iddat expires.
Generally, both the parties to the marriage contract have an opinion for divorce, but the husbands right in this respect is much greater than that of the wife.
The husband can dissolve the marriage tie at his will. A divorce can also take place by mutual agreement.
But the wife cannot divorce herself from her husband without his consent. She can of course purchase her divorce from her husband and can have the marriage dissolved by Tafweez (delegation).
Marriage may also be dissolved by judicial decree under the Dissolution of Muslim Marriage Act, 1939.
