1. What are the grounds for divorce in India?

• Mutual Consent: Both spouses agree to the divorce. It is Divorce by Mutual Content.
• Adultery: One spouse has committed adultery.
• Cruelty: Physical or mental cruelty by one spouse.
• Desertion: One spouse deserts the other for a continuous period of at least two years.
• Conversion: One spouse converts to another religion.
• Mental Disorder: A spouse has an incurable mental disorder.
• Communicable Disease: A spouse has a serious communicable disease.
• Renunciation of the World: One spouse renounces the world by entering a religious order.
• Presumed Death: A spouse has been missing for at least seven years.

2. What is the procedure for filing a mutual consent divorce in India?

1. Joint Petition: Both spouses file a joint petition in the family court.
2. First Motion: Both parties appear before the court to confirm their consent. The court records statements and adjourns the case for a six-month cooling-off period.
3. Second Motion: After the cooling-off period, both parties appear again to reaffirm consent. The court grants the divorce decree if satisfied with the mutual consent.

3. How long does it take to get a mutual consent divorce in India?

• Typically, it takes around 6 to 18 months to get a mutual consent divorce, considering the six-month cooling-off period and court proceedings.

4. Can the six-month cooling-off period be waived in a mutual consent divorce?

• Yes, the Supreme Court of India has ruled that the six-month cooling-off period can be waived under certain circumstances, such as prolonged separation or irretrievable breakdown of the marriage. The waiver is at the discretion of the court.

5. What are the steps involved in a contested divorce?

1. Filing Petition: One spouse files a divorce petition in the family court.
2. Service of Summons: The court issues a summons to the other spouse.
3. Response: The respondent files a response.
4. Reconciliation Attempts: The court may attempt reconciliation.
5. Evidence and Arguments: Both parties present their evidence and arguments.
6. Judgment: The court grants a divorce decree if grounds are proven.

6. What documents are required for filing a divorce?

• Marriage certificate.
• Address proof of both spouses.
• Photographs of the marriage.
• Income tax statements.
• Details of the profession and income of both spouses.
• Family background information.
• Evidence supporting grounds for divorce (in contested cases).

7. How is child custody decided in divorce cases?

• The court decides Child custody based on the best interests of the child, considering factors such as the child’s age, health, emotional ties with parents, parents’ ability to provide for the child, and the child’s preference (if they are of sufficient age and understanding).

8. What is alimony, and how is it determined?

• Alimony is financial support paid by one spouse to the other after divorce. The court considers factors such as the duration of the marriage, the spouse’s income and assets, the standard of living during the marriage, and the needs and financial independence of the recipient spouse.

9. Can a divorced person remarry?

• Yes, a divorced person can remarry after obtaining a final divorce decree from the court. It is advisable to keep a certified copy of the divorce decree for legal purposes.

10. Can a divorce decree be challenged or appealed?

• Yes, a divorce decree can be challenged or appealed in a higher court if either party is dissatisfied with the family court’s decision. The appeal must be filed within the stipulated time frame specified by the law.

Conclusion

Divorce in India involves a legal process that can vary depending on the circumstances of the marriage and the grounds for divorce.