Filing for divorce can be an overwhelming process, especially since it involves the future of many lives. It’s important to conduct research to make sure the procedure happens smoothly and you’re satisfied with the outcome.
In case things are not too good between you and your spouse, and you or both of you have decided to part ways legally, we list down the options you have to file for a Divorce under the Hindu Marriage Act 1955.
If both you and your spouse are willing for a Divorce, you may file for Mutual Consent Divorce which is governed by The Hindu Marriage Act, 1955, under Section 13B.
Section 13B of HMA states that a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to a marriage together, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. This is called the ‘first motion’ in a mutual divorce case.
Secondly, on the motion of both the parties made not earlier than six months after the date of the presentation of the petition in the first motion, and not later than 18 months after the said date, if the petition is not withdrawn in the meantime, the court shall on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of decree. This is called the ‘second motion’ hearing.
On the other hand, if you or your spouse is willing for a Divorce but the other person does not want a Divorce, you have several grounds for divorce provided by the law itself. Here we are discussing all the grounds mentioned in Section 13 of the Act that you can base your case for divorcing your partner.
You can file for divorce:
- If he / she has not been heard of as being alive for a period of seven years or more by persons who would have naturally heard of it, had that party been alive;
- If he / she has after the marriage had voluntary sexual intercourse with any other person;
- If he / she is treating you cruelly.
- If he / she has deserted you for a continuous period of not less than two years immediately preceding the presentation of the petition;
- If he / she has ceased to be a Hindu by conversion to another religion;
- If he / she is suffering from incurably of unsound mind or has been continuously or intermittently from a mental disorder that you cannot reasonably be expected to live with such a person;
- If your husband / wife is suffering from a virulent and incurable form of leprosy;
- If he / she is suffering from venereal disease in a communicable form;
- If your husband / wife has renounced the world by entering any religious order;
Getting the right lawyer for your divorce can make the traumatic process of divorce relatively easier. It not only saves you a lot of emotional trauma but also reduce the stress of dealing with the situation alone. Here are certain questions you must ask your potential divorce lawyer in order to make a well-informed choice.
- How experienced are you in this field?
- How will you charge me?
- What are the various steps in the divorce process?
- How will you communicate with me?
- How long with the divorce take?
- What do you think of mediation?
- How do you think the judge would rule?
- Will you be helping me with additional resources?
- What will be the final cost of my divorce?
Visit the Lawrato Indian Kanoon section to learn more on Divorce Laws.