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Divorce laws in India

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Divorce laws in India are governed by the Hindu marriage act, where both the parties are Hindus by religion. Muslim
matrimonial laws are governed by the separate act on Muslim law.

As per the Hindu marriage act, divorce can either be a mutual consent divorce or it can be led by any one of the
parties on the ground of cruelty, desertion etc.

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In the case of mutual consent, as the name suggests its a consent of both the parties. It takes a period of six months
to get divorce in case of mutual consent. In this both parties have sign the petition for divorce and a required to get
their statements recorded before family court judge, who is to see that the statements made by the parties are correct
and a without any pressure as undue in uence.

In case of a contested divorce, it takes a longer period as both the parties will present their cases before the court
along with evidences and also will try to prove their case on the basis of evidence of witnesses.

The process of presenting evidence and witnesses in the court is a very technical time taking and cumbersome
process.

In cases where parties le cases of divorce, we generally see that there are other cases like maintenance case,
domestic violence case, dowry demand case [498 A] also led by the parties.

Once a parties le a case for divorce before the family court, the judge usually sent the matter for mediation, their the
mediator, parties lawyers and the parties themselves are free to settle their disputed can make a settlement
agreement in case the mediation is successful. The mediation process can be done at any stage of the case.

Women in India dont get right in the property of a husband by getting married to them. But they have right in the
income of their husband by ling the case of maintenance under section 125, of the code criminal procedure.

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