Getting the divorce in India is certainly not an easy to go process. It is very challenging to go through all the emotional ups and downs, long time of processing that is involved in the Divorce. It takes several months to get the complete Divorce Procedure in India and you must aware to this fact that there may take time for almost a year if the case is complicated and this procedure can be costly for your pocket too. It is not so easy to handle these situations if you don’t have a firm determination to get divorce.

According to the different religions of people there are different divorce laws available in India. The list of divorce laws in India include:

1. The Hindu Marriage Act, 1955
2. The Parsi Marriage and Divorce Act, 1936
3. The dissolution of Muslim Marriage act, 1939
4. The Special Marriage Act, 1956
5. The Foreign Marriage Act, 1969

Now the time has been changed and people are much aware than before and now many acts have been made and approved by the Indian government so that the complete process become more progressive in case of gender affairs and related sensitive issues. A law named Muslim Women Act 1986 was passed to protect the rights of Muslim women on divorce. For the inter-caste and inter-religion marriages, the divorce laws are approved under the special marriage act, 1956.

People can have the option to get the contested divorce according to the law of their own religion but it is always preferred to go for the mutual consent. In the mutual consent divorce procedure in India you and your spouse can come on an agreement in which all kinds of future disputes will be solved regarding to maintenance, custody of children and other.

In Hindu Marriage Act Section 13B, if the husband is living apart from his wife for at least a year then can file the mutual divorce. The couple must jointly give the reason for the unavoidable circumstances to continue their marital relationship. In this both sides have to agree for the divorce. When both husband and wife file mutual divorce, it is termed as “first motion”. After 6 months they can again file the second motion. This six month period is provided to the couple so that they can solve the misunderstandings between them and withdraw their divorce petition.

The divorce can be passed before the completion of six months term if all the mandatory requirements for the divorce are sufficed. If the divorce file is not withdrawn within 18 months then court will pass a divorce degree. In this 18 months period if any of the parties withdraws their file then the court will make an inquiry. If the concerned side disagrees to give the consent then the court holds no rights to pass the divorce judgment.

The information on the site is only for informational purpose please take legal advice for any kind of decision making.