What is Divorce?

Divorce can be understood as a legal process that dissolves a marriage and releases both parties from their legal obligations toward each other. In India, divorce laws are governed by personal laws, and different religions have different laws governing Divorce.

Some important ones include the Hindu Marriage Act (1955), the Special Marriage Act (1954), the Muslim Personal Law (Shariat) Application Act(1937), and the Indian Divorce Act of 1869. Each personal law has different provisions regarding the minimum period required for Divorce.

Various laws:

1)The Hindu Marriage Act of 1955 governs Hindus, Sikhs, Jains, and Buddhists. Under Section 13 of the Act, there are several grounds for Divorce, including cruelty, adultery, desertion, conversion to another religion, unsoundness of mind, and venereal disease. However, Divorce by mutual consent is a popular and amicable way of ending a marriage.

Under the Section 13B of the Hindu Marriage Act, a couple seeking Divorce by mutual consent must live separately for at least one year before filing a joint petition in the court. The couple must also state in the petition that they have not been able to live together and mutually agree to dissolve the marriage. After the petition is filed, there is a waiting period of six months to eighteen months, during which both parties can withdraw their consent to Divorce. If both parties agree to continue with the Divorce after the waiting period, the court grants a decree of Divorce with the help of http://www.bestdivorcelawyerindelhi.com/.

2)The Special Marriage Act 1954 applies to interfaith marriages in India. Under Section 27 of the Act, the minimum period for Divorce by mutual consent is two years. The parties must live separately for two years, and there should be no scope for reconciliation.

3)Muslim Personal Law (Shariat) Application Act, 1937, governs Muslim marriages in India. Under Muslim law, Divorce can be granted through Talaq, Khula, and Mubarat. Talaq is a unilateral right of the husband to divorce his wife by pronouncing the word ‘Talaq’ three times. Khula is the right of the wife to seek a divorce from her husband by returning the ‘Mehr’ or monetary compensation paid by the husband at the time of marriage. Mubarat is a mutual agreement between both parties to dissolve the marriage.

The period required for Divorce by mutual consent under Muslim law varies depending on the type of Divorce sought. There is no minimum period required for Talaq, and the husband can pronounce Talaq at any time. For Khula, the wife must prove that the marriage has broken down irretrievably and she has valid grounds for seeking Divorce. Khula has no minimum period, but the wife must return the Mehr to the husband. For Mubarat, no minimum period is required, and both parties must agree to dissolve the marriage.

4)The Indian Divorce Act of 1869 governs Christian marriages in India. Under Section 10A of the Act, a couple seeking Divorce by mutual consent must live separately for at least two years before filing a petition in the court. The couple must also state in the petition that they have not been able to live together and mutually agree to dissolve the marriage. After the petition is filed, there is a waiting period of six months to eighteen months, during which both parties can withdraw their consent to Divorce. If both parties agree to continue with the Divorce after the waiting period, the court grants a decree of Divorce.

Grounds for Divorce

In addition to the minimum period, the grounds for Divorce play an important role in determining the time it takes to obtain a divorce in India. The grounds for Divorce vary depending on the personal laws applicable to the marriage.

Under Hindu Marriage Act(1955), the grounds for the Divorce include adultery, cruelty, desertion for two years or more, conversion to another religion, unsoundness of mind, or suffering from a venereal disease in a communicable form.

Under Muslim Personal Law, the grounds for Divorce include cruelty, desertion, impotence, insanity, and non-payment of maintenance for two years or more.

Under the Christian Marriage Act, the grounds for Divorce include adultery, desertion for two years or more, cruelty, conversion to another religion, or insanity.

Under the Special Marriage Act, the grounds for Divorce include adultery, cruelty, desertion for two years or more, unsoundness of mind, or suffering from a venereal disease in a communicable form.

Therefore, the minimum period for Divorce in India depends on the type of marriage and grounds for Divorce; it also varies depending on the personal law applicable to the couple seeking Divorce. For Divorce by mutual consent, the minimum period ranges from one year to two years. In cases of unilateral Divorce, under the Hindu Marriage Act, the minimum period is one year, while under Muslim Personal Law, it is three months. Under the Christian Marriage Act and the Special Marriage Act, there is no minimum period for Divorce. However, the grounds for Divorce are limited to specific reasons, and it is important to seek legal advice to understand the process and time it takes to obtain a divorce.