What are the Different Types of Divorce in India? – Know Here

Divorce is an eight-letter word that will end the relationship that is supposed to continue for seven lives. Divorce and marriage are a matter of religious or personal law in India. The kinds of divorce permitted under Hindu law aren’t identical to those that apply to Muslims and Christians. Furthermore, the types of divorce in India are contingent upon whether it’s a matter governed by Muslim laws or another law of a secular or religious nature. In other cases, the kinds of divorce are divided by agreements between parties. Consent isn’t the main factor in cases of divorce types in Islam. For Muslims, it is the power of the husband or the Qazi/Judicial system to decide if it is either a judicial or non-judicial divorce. To clarify the various types of divorces in India, the following classes have been explained in depth below.

Mutual Consent Divorce

If both spouses realize their relationship has reached its peak and want to end their marriage obligations in a mutual decision, they decide to divorce. In this scenario, the spouse and husband submit a petition to the court asking for the grant of divorce with mutual consent. This kind of divorce is permitted in virtually all religious practices standard in India. But there isn’t a rule allowing instant divorce, even if it’s mutual. Courts give parties at least six months after hearing them once. This will give them enough time to reconcile if there’s a slight potential for it. Final divorce can be granted once the hearing of both parties again by the court and continues to adhere to the concept of a mutual consent divorce. If you were married in Kolkata or the city where you and your spouse live after marriage, or if one of the spouses resides in Kolkata, a divorce attorney in Kolkata can help you understand the legal process more clearly.

Contested Divorce

There’s a disagreement if one spouse wants to end their marital obligations, but another is determined to maintain the marriage. This is known as contested divorce since the spouse seeking divorce must demonstrate that they have numerous reasons to divorce from India, whereas the opposing party disputes. If the tribunal can determine that the divorce grounds claimed are substantiated by the circumstances of the case and the grounds for divorce are evident, divorce is granted.

The reasons for divorce differ according to the religious law of India, as illustrated below:

Adultery is when spouses or husbands have sexual contact with someone different from the spouse.

Cruelty: If one spouse acts against the other spouse with mental or physical cruelty, making it impossible for the couple to stay in a relationship, divorce may be sought. IPC 498A is only a punishment for spouses and family members for violence against wife. However, it can be used as a divorce ground for both spouses.

The term “death” refers to when one spouse has left the company of the other spouse for a lengthy period and does not leave any opportunity for reconciliation.

Imprisonment – If one spouse has been in prison for more than seven years, the spouse who was imprisoned may apply for divorce.

Unsound Mind – One of the many kinds of divorce in India is the most common. This type allows the ending of a marriage when one spouse is mentally unstable.

Venereal Disease If the spouse or husband is suffering from a sexually transmissible disease, it’s one of the divorce grounds that the other spouse can use.

Presumption of death – If one spouse has not been heard from for a set amount of time, a divorce contest can be applied.

Non-Consummation in Marriage – The establishment of a sexual relationship for progeny is the primary purpose of marriage in all religions. If there is no first sexual encounter with the spouse, divorce could be requested.

Marriages are based on the faith of the couples and the spouses, and renunciation of religion is among the divorce grounds if a Hindu spouse has ceased to be Hindu, divorce is granted by the Hindu Marriage Act of 1955.

It is recommended couples avoid a disputing divorce and terminate their marriages when things don’t go according to plan. If one plans to dissolve the marriage and divorce the other spouse, delivering an official divorce notice is required according to the procedure. If the spouse is not accepting the same as a mutually agreed divorce, both spouses can go to court.

Types of Divorce Among Muslims

The legislation does not often codify the laws of the individual that apply to Muslims. It is true that Islamic law or Sharia laws are complicated and differ from other faiths. Muslim weddings are a legal contract that can be terminated at any time. The three main types of divorce available in Islam don’t necessarily require the presence of a Qazi or a judge to grant a divorce. Sometimes it is not necessary to have an alleged spouse isn’t required. Therefore, it is suggested that lawyers who specialize in Muslim laws are consulted when there is any doubt about personal laws.

Non-Judicial Divorce in Islam

There are divorce alternatives in Muslims that permit divorce when the husband pronounces “talaq,” regardless of the wife’s lack of or presence. There is no requirement to have a judge or even a Qazi to verify the claim as witnesses are sufficient.

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