Marriage & Divorce
What is a divorce?
Divorce has been defined as “a dissolution of the marriage” as per the Hindu Marriage Act. The Merriam-Webster Dictionary divorce means “to legally dissolve one’s marriage”.
In simple terms, it means that the spouses can end the ties as a married couple as per Hindu Marriage Act and live freely.
Divorce is governed by which Act in India?
Divorce laws as per the Hindu Marriage Act, 1955 are applicable to Hindus, Sikhs, Buddhists, and Jains. For Christians, divorce is governed by the Indian Divorce Act of 1869. The dissolution of Parsi Marriage is regulated by the Parsi Marriage and Divorce Act, 1936. Similarly, Muslims have two sources of laws to govern the dissolution of their marriages which are the uncodified laws (Sharia) and the Dissolution of Muslim Marriages Act, 1939.
What are the types of Divorce Petition?
- By Mutual Consent
- Divorce without mutual consent
- Mental Disorder
- Communicable Disease
- Renunciation of the world
- Presumption of Death
What is Mutual Consent Divorce Procedure?
As a divorce lawyer for mutual consent, it is ideal to recommend that parties recognize the futility of long-drawn proceedings and therefore proceed to divorce with mutual consent.
Petition for mutual consent divorce can be filed at any of the following place:-
- Place where marriage had taken place
- Place where husband and wife last resided together.
- Place where wife is residing at the time of filing of the Petition.
Can a wife seek maintenance after a divorce?
Maintenance Rights under the Hindu law: In accordance to Hindu Marriage Act, 1955 and Hindu Adoption and Maintenance Act, 1956, divorced women have the complete right to claim maintenance. The husband is required to make and pay the maintenance amount unless the divorced wife remains chaste and single.Therefore a wife can seek maintenance from her husband under Section 25 of the Hindu Marriage Act.
What is Alimony?
When two people are married, they have an obligation to support each other. This does not necessarily end with divorce. Under the Code of Criminal Procedure, 1973. Alimony refers to court-ordered payments awarded to a spouse or former spouse within a separation or divorce agreement. The reason behind it is to provide financial support to the spouse who makes a lower income or no income.
What are the factors that influence the duration and amount of Alimony?
In a contested divorce, the alimony, its amount and tenure, depend upon the length of the marriage. A divorce after a decade of marriage entitles the spouse to a life-long alimony.
The other essential factors are:
- Age of the spouse (or the person who is ought to receive the alimony.
- Economic condition or the earnings of the person who is to provide the alimony.
- The health of both spouses (the failing health or a medical condition of one of the spouses who is going to receive the alimony may act in favour of him or her. They can claim larger alimony on the basis of their failing health).
- The spouse that retains custody of the child would either pay lesser alimony or pay a greater amount while the child is a minor.
How much does it cost to get a divorce?
Court fees for filing a divorce are low; the cost is mainly in the fees you pay your lawyer. Lawyers tend to charge fees for appearing in court and doing any other work. Depending on how intensely it works, therefore, it may cost anywhere from the low ten thousand to lakhs of rupees.
What are the documents required for filing of Divorce Petition?
- Address proof of husband
- Address proof of wife
- Marriage certificate
- Four passport size photographs of the marriage of husband and wife
- Evidence proving spouses are living separately for more than a year
- Evidence relating to the failed attempts of reconciliation
- Income tax statements for the last 2-3 years
- Details of the profession and present remuneration
- Information relating to family background
- Details of properties and other assets owned by the petitioner
Send a Divorce Notice today. What is Divorce Notice?
The spouse can send a legal notice for divorce to the other spouse communicating his/her intention to undertake legal proceedings against the other party. Since legal notice is a formal communication sent by one person to the other, warning them would a good decision before taking any legal action.