Divorce from the husband
– The grounds for divorce are provided under Section 13 of the Hindu Marriage Act, 1955. The grounds provided under section 13 are:
· Cruelty both physical and mental
· Desertion for a continuous period of 2 years immediately preceding the petition
· Unsoundness of mind, etc.
Two kinds of divorce have been recognized under Indian laws. They are
1) Contested Divorce – In a contested divorce, the petitioner has to file a case for divorce in a family court of competent jurisdiction under any of the aforementioned grounds and then has to prove the ground to the court. If satisfied, a decree for divorce is awarded to the petitioner.
2) Divorce by Mutual Consent – The regular procedure for divorce is very time-consuming as well as expensive. In such cases, the option at the disposal of the parties is that of Divorce by Mutual Consent. In this case, both the parties to a marriage jointly produce a petition before the court seeking for a decree for dissolution of marriage. The condition precedent is that the parties must have lived separately at least for a year. The provisions for Divorce by Mutual Consent are provided under Section 13B of the Hindu Marriage Act.
Process for Contested Divorce- The first step is to hire a lawyer. It is advisable to hire a lawyer who has expertise in the field. Make sure that your lawyer is well acquainted with every minute detail of your case. The next step is to provide him with all the relevant documents. He will then draft a plaint under any of the grounds as discussed by you and him. After the plaint is filed in the court, a summons is sent to the opposite party. After the trial commences, your lawyer will be required to prove the averments made in the plaint. If the court is satisfied, then a decree for dissolution of marriage is awarded to the petitioner.
Process for Divorce by Mutual Consent- Both the parties jointly appear before the court through their pleaders with a petition seeking a decree for dissolution of marriage. The petition must clearly highlight the reasons for such a decision. This appearance is called the first motion. The parties have to reappear before the court after a period of six months. This period is also called the reconciliation period which is given to the parties in case they change their decision. In the Second motion, the judge examines the averments and the grounds and the requirements and if satisfied grants a decree for dissolution of marriage by mutual consent.
The time for such legal proceeding varies from case to case. An average contested divorce case takes around 6-24 months. Divorce by mutual consent takes at least 6 months but the relief is speedier than contested divorce. The expense depends on upon a variety of factors like the fees charged by your lawyer and the duration of the divorce proceeding.