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As is the case throughout the world, the formal process of divorce must be done through the court system. Parties will petition for either a mutual consent or a contested divorce. When both parties agree to sever ties the procedure will be shorter, as agreements on all types of potential issues such as spousal maintenance and child custody can be resolved more easily.
In contested divorces, the process will take longer and is complicated by a unique facet of Indian law: the rules differ depending on a couple's religion. Hindi, Muslim and Parsi couples must all adhere to different laws.
Parties must be prepared to open their lives up for scrutiny during this process as documents including tax statements, professional details (like proof of salary), property and asset information, as well as family information will be required. -
More than 80% of India's population is Hindi, so the rules set by the Hindu Marriage Act (1955) are usually the most relevant in Indian divorces. For Hindis, grounds for contested divorce include cruelty, adultery, religious conversion, leprosy or venereal disease or desertion (for more than two years).
Mutual agreement can only occur when the parties have lived apart for at least one year. If, during that year, the parties continue to express their belief that unavoidable circumstances prevent reconciliation, then the union can be dissolved. A mutual-process divorce is a two-part procedure with the initial request to the court being the first motion. A second motion takes place six months later. This half-year wait serves as a cooling-off period in which couples are encouraged to reconsider. The divorce petition must be filed where the couple last resided or where the marriage took place. - Circumstances for the dissolution of a Muslim marriage are primarily governed by two laws: The Dissolution of Muslim Marriage Act (1939) and the Muslim Women (Protection of Rights on Divorce) Act (1986). Grounds for a contested divorce include: cruelty, neglect, refusal to provide maintenance for two years, imprisonment (seven years or more), insanity or impotency. In 2008, a family court in Chennai ruled that Muslims were entitled to divorce by mutual consent -- a right provided to members of other Indian religions.
- The Parsi Marriage and Divorce Act (1936) and the Parsi Marriage and Divorce (Amendment) Act (1988) define the dissolution process for those of the Parsi Zoroastrian faith. Grounds for divorce include grievous hurt, a lack of consummation of the union, mental disorder, pregnancy at time of marriage by someone other than the husband, or desertion (at least two years). Mutual-consent divorces are permissible as long as the parties have lived apart for at least one year.
