What the procedure for divorce after 1 year of marriage?

105 votes

 

The procedure for divorce is different for different religion, however assuming you are Hindus:

Mutual Divorce is recognized under Section 13B of the Hindu Marriage Act.

Section 13B states that the parties can jointly move a petition for dissolution of marriage by a decree of divorce in the District Court on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. The Court shall then record the joint statement of the Parties and pass a First Motion Order giving time of 6 month to the parties to resolve their dispute, however in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce. So therefore, divorce by mutual consent takes about 6-7 months.

Your wife cannot claim any rights to your self-acquired or ancestral property during your lifetime but your wife can claim a right of residence under the Domestic Violence Act. Moreover, your wife is entitled to alimony (maintenance) from you which may be made by way of monthly payments or one-time payment. 

With respect to the expenses for the whole procedure shall depend upon the Advocate you engage.

In case your friend’s spouse is not ready for the divorce, then you can file a petition under any of the grounds mentioned under Section 13(1) of the Hindu Marriage Act. The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955.

· Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.

· Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse sexual act etc are included under cruelty.

· Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

· Conversion – In case, either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.

· Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.

· Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.

· Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The sexually transmitted diseases like AIDS are accounted to be venereal diseases.

· Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.

· Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.

· No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.

The following are the grounds for divorce in India on which a petition can be filed only by the wife.

· If the husband has indulged in rape, bestiality and sodomy.

· If the marriage is solemnized before the Hindu Marriage Act and the husband has again married another woman in spite of the first wife being alive, the first wife can seek for a divorce.

· A girl is entitled to file for a divorce if she was married before the age of fifteen and renounces the marriage before she attains eighteen years of age.

· If there is no co-habitation for one year and the husband neglects the judgment of maintenance awarded to the wife by the court, the wife can contest for a divorce.

Kindly contact us for any further details and action.

LawRato LawRato

927 votes

In India, divorce procedures are governed by the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, and the Indian Divorce Act, 1869, depending on the religious or personal law applicable to the parties involved. The procedure for divorce in India can be broadly categorized into two types: mutual divorce and contested divorce.

Mutual Divorce:
Mutual divorce is an amicable separation where both parties agree to dissolve their marriage. The procedure for mutual divorce typically involves the following steps:
a. Petition: Both spouses jointly file a petition before the appropriate family court stating their mutual consent to divorce. They must state the reasons for seeking divorce and provide details about their marriage, children (if any), and any settlements reached regarding alimony, child custody, or property distribution.

b. Cooling-off period: After filing the petition, the court usually grants a mandatory "cooling-off" period of six months. This period allows for reconciliation or reconsideration by the spouses.

c. Second Motion: After the cooling-off period, both spouses appear before the court again to reconfirm their desire for divorce. They submit affidavits stating that they have lived separately for the required period and have mutually agreed on all terms.

d. Decree of Divorce: If the court is satisfied with the grounds and the settlement terms, it grants a decree of divorce, officially ending the marriage.

Contested Divorce:
A contested divorce occurs when one spouse disagrees with the divorce or the terms proposed by the other spouse. The procedure for contested divorce may vary depending on the specific circumstances, but the general steps involved are as follows:
a. Filing a Petition: The spouse seeking a divorce (the petitioner) files a divorce petition before the family court, stating the grounds for divorce. The petitioner must provide evidence and documentation supporting their claims.

b. Service of Summons: The court serves a copy of the divorce petition to the other spouse (the respondent), who then has the opportunity to respond and present their case.

c. Trial: The court conducts hearings where both parties present their arguments, evidence, and witnesses. The court may also consider factors like child custody, alimony, and property distribution during the trial.

d. Decree of Divorce: If the court is convinced that the grounds for divorce are valid, it grants a decree of divorce. The court may also decide on matters such as child custody, alimony, and property division, based on the evidence and applicable laws.

In divorce cases filed after one year of marriage in India, the concept of permanent alimony may come into play. Permanent alimony refers to the ongoing financial support provided by one spouse to the other after divorce. The court considers factors such as income, standard of living, age, health, duration of marriage, financial needs, and child custody when determining the amount and duration of permanent alimony after 1 year of marriage.

It's important to note that the court has the discretion to decide the amount and duration of permanent alimony based on the specific circumstances of each case. The final decision depends on the judge's interpretation of the law and the evidence presented during the divorce proceedings.

Advocate Siddhant Sharma LawRato

479 votes

If the marriage lasts for one year, the spouse who is financially dependent may receive alimony instead of maintenance. The amount of alimony and the duration will be determined by factors such as earnings, standard of living and the ability of each spouse to support themselves.

Advocate Chikirsha Mohanty LawRato