Can a woman divorce in India?

Laws governing divorce: There are personal laws (example: The Hindu Marriage Act, 1955 or the Indian Christian Marriage Act, 1872), which depend on the religions or customs followed to solemnise the marriage. After the six months, if the couple confirms their decision to part ways, the court will grant the divorce.

Is taking divorce in India easy?

Divorce by mutual consent is considered to be the quickest and the easy way to get a divorce in India, under Section 13 B of the Hindu Marriage Act, 1955. The process under mutual consent divorce is considered to be inexpensive and non-tortuous. The consent divorce is for all the Hindus, Buddhist, Jain or Sikhs.

On what grounds can a woman file for divorce in India?

The divorce must be filed within two years of marriage. Adultery, bigamy, fornication, rape, or any other type of perverse sexual act. Suffering from venereal disease or forcing the wife into prostitution. Non-resumption of cohabitation after passing an order of maintenance or a decree of judicial separation.

How can a woman apply for divorce in India?

Documents required:

1. Address proof of husband.
2. Address proof of wife.
3. Marriage certificate.
4. Four passport size photographs of the marriage of husband and wife.
5. Evidence proving spouses are living separately since more than a year.
6. Evidence relating to the failed attempts of reconciliation.

Who should file divorce first in India?

There is no harm in filing for divorce first if the spouses able to prove that the other spouse had committed some act which is a valid ground for divorce under the provisions of section 13 of the Hindu Marriage Act.

How can a Muslim couple get divorce in India?

Talaq a) Talaq-ul-Ahsan (Single pronouncement made during a thur followed by abstinence from sexual intercourse for the period of iddat).

Ila – it is kind of constructive divorce which is effected by abstinence from sexual intercourse for the period of not less than four months pursuant to a vow,However

Zihar – it is a kind of inchoate divorce.

What is the divorce procedure in India?

Petition to be filed

Issuing summons

Response from the other side (respondent)

Trial

Interim orders

Final judgement

What is the procedure for divorce?

Separation. Often the first step taken in the process of getting a divorce is for one spouse to move out of the shared residence.

Filing a Petition. People can only file for divorce in the state where they live and must have already met the separation requirements.

Notifying the Spouse.

Temporary Hearing.

The Agreement.

Trial.

What is mutual divorce in India?

Divorce Procedure in India. The filing of a mutual divorce by both the husband and the wife is termed as ‘the first motion’. A couple can file for a second motion after a gap of six months. The six months time span is provided to the couple so that they get the time to reconsider their marriage.