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Divorce In India - Regulations, Types Of Divorce & Procedure

Updated: Aug 27, 2019



  • In India, Divorce among Hindus, Buddhists, Sikhs and Jain is governed by the Hindu Marriage Act, 1955.

  • Muslims by the Dissolution of Muslim Marriages Act, 1939.

  • Parsis by the Parsi Marriage and Divorce Act, 1936.

  • Christians by the Indian Divorce Act, 1869.

  • All civil and inter-community marriages are governed by the Special Marriage Act, 1956.

Divorce is the process of terminating a marriage or dissolution of marriage. Divorce involves the reorganizing or cancelling of legal responsibilities and duties of marriage, thereby dissolving the bonds of matrimony between a married couple under the particular rule of law of the country or state.


Types of Divorce
  • Divorce With Mutual Consent - When husband and wife both agree to a divorce, the courts will consider a divorce with mutual consent. Matters such as children’s custody, maintenance and property rights could be agreed to mutually.

  • Divorce Without Mutual Consent - If any of the following rights which has been broken by any of the party then the other has full liberty to file a petition for divorce without any mutal consent : -

1.Adultery

2.Cruelty

3.Domestic Violence

4.Conversion to another religion

5.Mental disorder

6.Communicable diseases

7.Desertion

8.Renunciation from the world

9.Presumption of death .


*The above Mentioned Rights are not applicable in all the religions.


Procedure Of Divorce
  • The first step in the divorce process is the filing of divorce petition before the appropriate family court with proper court fees.

  • After filing the petition, service of summons initiated to other party against them by their spouse.

  • After receiving the summons the party against whom the divorce has been filed has to appear before the court on the date mentioned in the summons.

  • The next step of the procedure is conducting the trial.

  • Interim Orders - Interim order stays in force till the disposal of the divorce proceeding.

  • The authoritative declaration of the final order of the divorce is the last step in a divorce procedure. The court will pass a final order which will dissolve the marriage entirely. If any party is not satisfied with the final order of the trial court then they will have the right to move before the higher Courts.


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