Family Law

Divorce is a dissolution of marriage through a legal process by filing a petition in a court of law. When a court passes a divorce decree, it brings an end to the matrimonial alliance of spouses and therefore terminates all the marriage. Along with the separation of husband and wife, it also involves the division of property, assets, and the issue of custody of the child. laws in India vary with each religion and facts and circumstances.

Table of Content:

• What are the types of divorce under Hindu law?
• What is the concept of ‘irretrievable breakdown of marriage’?
• What are the grounds for obtaining a contested divorce?
• Where is the petition of divorce to be filed?
• What is the procedure for mutual consent divorce in India?
• What are the documents required for a mutual consent divorce in India?
• What is the procedure for a Contested Divorce in India?
• What are the documents required for a Contested Divorce in India?
• What are the grounds and procedures for a divorce under the Muslim Law in India?
• Can a filed Divorce Petition be withdrawn?
• What are some important aspects of divorce?

types of divorce under Hindu law?

Divorce under Hindu law is classified into two types :

Mutual divorce: Under the Hindu Marriage Act, Mutual divorce is governed by Section 13-B. As the name suggests, in mutual divorce, both the parties i.e. husband and wife mutually agree and express their consent for peaceful separation. The husband and wife have to predetermine the issues relating to alimony and child custody if any. There are only two requirements for filing a mutual divorce, one is mutual consent and the other is that they have to live separately for at least one year.

Contested Divorce: When divorce is initiated by either spouse it is termed as a Contested Divorce. Section 13 of the Hindu Marriage Act, 1955 provides the grounds for filing a contested divorce, some of which are, cruelty, conversion of religion, unsound mind, communicable disease or either spouse is unheard of more than seven-year.

concept of ‘irretrievable breakdown of marriage’?

Irretrievable breakdown of marriage simply means that the spouses are unable to live happily and comfortably together. When the relationship reaches an extent from where it is impossible to repair the marriage, it is termed is irretrievable breakdown of the marriage. Certain situations like there is no affection between the husband and the wife, the couple are living separately, there are frequent quarrels or either one of the spouses is having an extramarital affair, leading to the breakdown of the marriage.