Divorce is a legal process that dissolves a marriage between two individuals. In India, divorce is governed by personal laws that vary based on religion. There are several grounds for divorce in India, including cruelty, desertion, adultery, and irretrievable breakdown of marriage. If you are considering getting a divorce in India, it is important to understand the rules and procedures involved. Here is a comprehensive guide on the rules for getting a divorce in India.

Grounds for Divorce in India

As mentioned earlier, there are several grounds for divorce in India. Let’s take a closer look at each of them:

1. Cruelty – If one spouse treats the other with cruelty, either physical or mental, it can be grounds for divorce. The cruelty can be intentional or unintentional, and it can be ongoing or a one-time incident.
2. Adultery – If one spouse engages in a sexual relationship outside of the marriage, it can be grounds for divorce. However, the spouse must be able to prove the adultery.
3. Desertion – If one spouse abandons the other for a continuous period of two years or more, it can be grounds for divorce.
4. Mental illness – If one spouse suffers from a mental disorder that makes it impossible to continue the marriage, it can be grounds for divorce.
5. Conversion – If one spouse converts to another religion, it can be grounds for divorce if the other spouse does not want to continue the marriage.
6. Irretrievable breakdown of marriage – If the marriage has broken down irretrievably and there is no chance of reconciliation, it can be grounds for divorce.

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Procedures for Getting a Divorce in India

The procedures for getting a divorce in India vary based on religion. Let’s take a closer look at the procedures for the two most common religions in India – Hinduism and Islam.

1. Hindu Marriage Act

Under the Hindu Marriage Act, either spouse can file for divorce in a district court. The following are the procedures involved:

• Filing a Petition: One spouse must file a petition for divorce in the district court where they live. The petition must state the grounds for divorce and provide any evidence to support the claim.
• Serving the Petition: The other spouse must be served with a copy of the petition and given a chance to respond. If they do not respond within 30 days, the court will assume they do not object to the divorce.
• Counseling: The court may refer the couple to counseling to try and reconcile the marriage. If the counseling is unsuccessful, the court will proceed with the divorce.
• Decree of Divorce: If the court finds that the grounds for divorce are valid, it will grant a decree of divorce.

2. Muslim Personal Law

Under Muslim Personal Law, a husband can divorce his wife by pronouncing talaq three times. However, in recent years, there have been changes in the law to make it more equitable for women. The following are the procedures involved:

• Filing a Petition: Either spouse can file a petition for divorce in a family court. The petition must state the grounds for divorce and provide any evidence to support the claim.
• Counseling: The court may refer the couple to counseling to try and reconcile the marriage. If the counseling is unsuccessful, the court will proceed with the divorce.
• Decree of Divorce: If the court finds that the grounds for divorce are valid, it will grant a decree of divorce.

Conclusion

Getting a divorce in India can be a complex and emotional process. It is important to understand the grounds and procedures involved before taking any action. If you are considering getting

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