what are the procedures for Divorce?

how can i file divorce against my husand? what is the procedure

Answers (3)

101 votes

The various ways of getting a divorce are given in the Hindu Marriage Act depending on whether it is a mutual divorce or a contested one. Procedure varies accordingly.

Mutual divorce is faster and easier. In case it is a contested one, the Indian laws in general recognize cruelty (physical & mental), desertion, unsoundness of mind (of Incurable form), Impotency, renouncing the world, etc. Aggrieved party, being you, will have to take one of the above grounds of divorce and will have to file the case in the Court of appropriate jurisdiction. You will have to prove the case with support of evidence and documents. On successfully proving the case, divorce will be granted and divorce decree will be drawn up accordingly.

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192 votes

Depending on the nature of your separation you can file a petition for Mutual Consent divorce or a Contested Divorce under the relevant provisions of the Hindu Marriage Act or any other Act which may apply to you. Please note that the procedure under Muslim Law is very different.

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107 votes

Dear Madam,

There are two kinds is divorce one being contested ( where the party filing has to give reason to the court for filing divorce, there are grounds for divorce such as adultery, cruelty, desertion, some form of diseases, etc). There is another form of divorce called mutual consent divorce where both parties agree ( This is taken by desire of both parties )

The contested divorce is fought like normal case whereas mutual consent is a simplied form and takes place within 6 months.

Feel free to revert in case of further clarifications

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