What if divorce is not mutual in India?
Table of Contents
What if divorce is not mutual in India?
The Hindu Marriage Act, 1955 provisions to obtain a decree of divorce without mutual consent. When one of the parties is not consenting to the divorce, one can file a petition in the Family Court. Such a divorce is known as a contested divorce. The grounds for divorce without consent apply to both – husband and wife.
Is it possible to get divorce without mutual consent?
A single act of voluntary sexual intercourse by a marriage partner with any person other than their spouse is a ground for a decree of divorce without mutual consent under Section 13 (1) (i) of the Hindu Marriage Act,1955.
How long does non mutual divorce take in India?
Synopsis
| Mutual Consent divorce | VS | Contested divorce |
|---|---|---|
| Short duration (18-24 months) | Time taken | Time-consuming (3-5 years) |
| Single, common lawyer | Lawyer | Separate divorce lawyers |
Can I get divorce even if my wife refuses?
If she is not ready for a mutual consent divorce and its even not possible for you to continue anymore, then you can file a petition for Divorce in the Court and you will have to contest the same in the Court. There are two ways of getting a divorce in the Hindu Marriage Act.
What is divorce with mutual consent in India?
The procedure of divorce with mutual consent in India is less expensive and less traumatic as compared to the contested divorce procedure Divorce is a legal process of separation after marriage, when both the parties (husband and wife) wants to separate with their own will after marriage, is called at divorce with mutual consent.
How many marriages in India end in divorce?
Only 13 out of 1,000 marriages in India, a mere 1 per cent, end in divorce. This is not a good thing, especially for abused women, who often have no way out of a marriage and anticipate a difficult life after divorce in India because of social stigma and financial dependence on the man.
Do I need a lawyer to get a divorce in India?
However, is always advisable to apply for divorce in India through a lawyer even in case of an uncontested divorce. If the legal procedure for divorce in India is not handled properly, problems can arise later. For a contested divorce in India, you must file a divorce petition in court with the help of a lawyer.
What is a joint petition for divorce in India?
A joint petition for divorce is filed by the parties in the case of a mutual consent divorce, where both parties agree to the terms of the agreement. The parties opting for a mutual divorce process in India can hire a common advocate who can help them jointly file an affidavit to get a divorce.