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Understanding Divorce in India

Divorce is the legal dissolution of marriage by a court. In India, different religious communities have their own personal marriage laws regarding divorce. Hindus, Buddhists, Sikhs and Jains can seek divorce under the Hindu Marriage Act of 1955, while Muslims, Christians, and other communities have their own personal laws governing marriage and divorce. To file for divorce, one must make two copies of the application signed by the applicant. The application can then be filed online, by post, or in person along with mandatory filing fees. The original documents will be kept by the court and two copies returned. Grounds for divorce include adultery, cruelty (mental or physical), and abandonment of family life without consent

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73 views2 pages

Understanding Divorce in India

Divorce is the legal dissolution of marriage by a court. In India, different religious communities have their own personal marriage laws regarding divorce. Hindus, Buddhists, Sikhs and Jains can seek divorce under the Hindu Marriage Act of 1955, while Muslims, Christians, and other communities have their own personal laws governing marriage and divorce. To file for divorce, one must make two copies of the application signed by the applicant. The application can then be filed online, by post, or in person along with mandatory filing fees. The original documents will be kept by the court and two copies returned. Grounds for divorce include adultery, cruelty (mental or physical), and abandonment of family life without consent

Uploaded by

Vikas Denia
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Meaning of DIVORCE

Divorce is the legal dissolution of marriage by a court or other


competent body. It is the ending of the marital relationship. India is a
land of different religious communities having their personal marriage
laws. All Hindus as well as Buddhists, Sikhs and Jain can seek divorce
under the Hindu marriage act, 1955. But the Muslim, Christian and other
communities do not come under the purview of the Hindu marriage act,
1955. Such communities are governed under their respective personal
laws for the purposes of marriage, divorce and other marriage related
proceedings.

How to file an application for divorce?


1.) First step is to make two copies of the application for
divorce (which shall be signed by the applicant) and any
other court documents you have prepared.
2.) Application can be filed online, by post, or in person.
Payment of filing fee is mandatory.
3.) The original documents will be kept by the court and two
copies will be returned back to you.

When can divorce be filed?


1) When one spouse (either husband or wife) is engaged
in sexual intercourse with a person outside the
wedlock. In legal language, it is referred to as
adultery.
2) When one spouse (either husband or wife) performs
an act of cruelty upon the other spouse. Such cruelty
can be either mental or physical in nature.
3) When one spouse (either husband or wife) abandons
public/family life without justification and without
the consent of the other spouse thereby evading from
responsibilities and duties and with an intention of
never returning back to marital obligations.
4)

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