Marriage is one of those institutions recognised by the law of the state in which two people come together in a consensual as well as contractual relationship to be united as spouses. Marriage is one of those ancient culture that can be seen in every part of the world. Marriage is considered to be both, a social custom as well as a holy institution whose purpose is to bind two individuals into a sacred union so that love can be sealed as well as strengthened by the love of God.

In India, every citizen appreciated the cultural heritage of the institution of marriage a lot. There are traditional values attached to the ceremony conducted to bind the two individuals together which is usually performed with God acting as the witness to this holy matrimony.

Just like a coin has two sides, even this holy institution, this divine act also has another, quite a darker side to it known as Divorce. Sometimes, there are certain inevitable and unfortunate incidents that occur due to which this contractual relationship comes to an end and a Decree of Divorce is passed.

What is a Divorce?

The term Divorce means the dissolution of marriage. This process is carried out in a legal manner where all the obligations related to marriage are terminated. This process brings an end to the holy matrimony and the union of the two partners.

Apart from allowing the separation of the spouses, the Decree of Divorce also includes the division of the property, assets as well as raise the issue of Child Custody.

Divorce in India

With the passage of time, the concept of Divorce is also getting accepted in India with an open mind. Now a days both men and women are not backing down to stand for their peace of mind and happiness and show courage to walk out of this relationship which does not give them happiness and has become unhealthy for them. A change has been brought in the eyes of the society which is learning to accept the fact that it is more important to stay happy in a married relationship.

Kinds of Divorce in India

There are two categories into which Divorce can be classified into, as per the provisions of the Hindu Marriage Act:

1.      Divorce by Mutual Consent

2.      Contested Divorce

Divorce by Mutual Consent: Under the Hindu Marriage Act of 1955, Section 13 B lay down the provisions for Mutual Divorce. The term “Mutual Divorce” is quite understood; it simply means that both the parties involved in the marriage have mutually decided to go their separate ways.

Contested Divorce: When one of the spouses initiates the proceeding of Divorce, then it falls under the said category. There are various grounds mentioned in the Hindu Marriage Act in its Section 13, which may be used to file for Divorce by either party, some of the grounds for filing for Divorce are: Conversion of Religion, communicable disease, cruelty, unsound mind or if it so happens that either of the spouse has been unheard of for more than 7 years.

Various Grounds for Divorce mentioned under the Hindu Marriage Act, 1955

There are eight grounds mentioned under the Hindu Marriage Act in its Section 13 as per which a Contested Divorce can be attained:

1.      Adultery: In case either of the partner is involved in a sexual relationship outside the marriage then it will be considered as a Criminal offence and a valid ground for Divorce.

2.      Cruelty: The act of Cruelty is the one where either of the partner wilfully causes any sort of danger to the body, life, mental health or even limbs of the other partner. This act includes causing pain or torturing the other be it physically or mentally and even an abusive relationship.

3.      Desertion:The term desertion is used to describe an act where either if the partner wilfully leaves the other with no intention to come back. The act is considered a valid ground for Divorce if the partner has been absent for more than two years.

4.      Communicable Diseases and Leprosy: Leprosy is not only a contagious but also a chronic disease which leads to lesions on skin as well as nerve damage. Therefore, if either of the spouse is diagnosed with either Leprosy or any such similar disease then the other can ask for Divorce. 

5.      Mental Disorder: If either of the spouse is suffering from any mental disorder be it unsoundness of mind or some mental illness or any such mental disorder that may make him/her abnormally aggressive then the other partner can file for Divorce.

6.      Religion Conversion: If either of the spouse decides to convert his religion then the other has the right to file for Divorce.

7.      Spouse not Heard of: In case either of the Spouse has been absent for more than seven years, then this will act as a valid ground to file for Divorce.

8.      Renunciation of the World: If either of the spouse has officially renounced the world and has decide to enter the holy order then their partner has an option to file for Divorce.

Procedure for Filing for Mutual Divorce in India

In order to file for a Mutual Divorce, the following steps have to be followed:

STEP 1: The first step is to file a petition which should clearly state the reason for your Divorce.

STEP 2: You are supposed to jointly file the petition with the help of your respective lawyers in a Family Court.

STEP 3: The court will first examine the petition as well as the documents submitted and then they will pass an order in order to record the statement on Oath.

STEP 4:As this step is completed, the Court will give both the parties a six - month time in case they change their mind and decide to reconcile. 

STEP 5: As the six - months period gets over and the parties decide to stand by their decision to get separated, then a final hear will take place for which both of them will have to appear.

STEP 6: The court will then pass the Decree of Divorce in the final hearing thereby dissolving the marriage.

Procedure for Filing for Contested Divorce

The grounds mentioned above, either of the spouse has the right to file for a Divorce. The procedure to do so has been mentioned below:

STEP 1: The first step is to file a petition which should clearly state the reason for your Divorce. You also need to submit all the relevant documents depending upon the facts of your case such as vakalatnama, affidavits, etc.

STEP 2:After scrutinizing the submitted documents, if the Court feels satisfied with the petition then they will move forward with the case. They will send either a notice or summon to the other party asking them to appear before the court on the given date.

STEP 3: Initially the court will suggest both the parties to go for mediation but if it fails to solve the problem then the court will carry on with the proceedings of Divorce.

STEP 4: On the given date, both the parties are supposed to present themselves in the court and record their respective statements. Then they will have to submit the relevant evidences and be ready for cross examination. They can even present any witness they have.

STEP 5: The court will give a date for giving the final verdict and thus pass the Decree of Divorce.

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