To apply for a divorce in India, one needs to start the whole procedure by filling out a divorce petition which ends with the declaration of the final order of divorce from the court. The whole process is divided into six major stages which are the petition filing, writ service, response from the court, trial, interim orders which ends with the final order.
The first major step toward filing a divorce is by filling out a petition for divorce. The divorce is carried out only after an individual have filled the petition. After the petitions have been signed by one of the party, the petition is then passed on to the other part for signing. After the petition is being signed by both the party and submitted to the court, then only the rest of the procedure is carried out. The time taken for the completion of the rest of the procedures varies from one state to another.
In Indian society, divorce was once considered as a sin. Any couples who have opted for divorce was considered unacceptable, and a lot of question was raised on them just because they have chosen not to stay with the person anymore with whom they once got married. And this forced the married couple to stay with each other even after their marriages were not working so that they don’t get tagged as antisocial by society. For this, the spouses have to go through a lot of trouble and need to experience a painful and failed marriage which eventually led to depression.
But over the view, the view of the society towards divorce have evolved a lot and is not considered the same as it used to be a few years back. Even though divorce is a traumatic experience in the life of a married couple, but what is the point of staying in a marriage if both the spouses are not happy with each other. And that is the main reason why the procedures of a divorce should be carried out in accordance with the law of each state. If the procedure is not precisely followed, it can lead to even further complications which in turn will make things even worse.
If you are planning for divorce, then the first thing that you need to do is consult a lawyer in Bengaluru for divorce who can thoroughly help you understand about the various procedures that are involved in divorce.
Knowing all about the various divorce laws of India
The divorce laws in India are not applicable to some of the regions due to a few factors. But, some of the most common laws that are carried out throughout the state are:
The Hindu Marriage Act, 1955
- Domestic Violence
- Communicable diseases,
- Mental disorders
- Presumption of death
Indian Divorce Act
The Indian divorce act is for the Christian couple, and the reason which is applicable for the couple to getting divorced are:
- Conversion of religion
- Adultery along with Bigamy
- A criminal act by the Husband
- Adultery along with cruelty
- Desertion along with adultery with a minimum 2-year timeframe.
The Parsi Marriage and Divorce Act
The Parsi Marriage and Divorce Act is applicable for the Parsi couples, and the grounds for divorce under this law are:
- The marriage procedure is not completed even after a year
- Any of the spouses have a mental illness which was kept hidden during the time of the marriage.
- The wife has got into a relationship with some other man and is pregnant during the time of their marriage.
- Any of the spouses have faced imprisonment for more than seven years
- Any of the spouses have opted for religious conversion.
Special Marriage Act, 1956
The special marriage act is applicable for the inter-caste or the inter-religion marriages.
So, if you are planning to end your marriage due to unavoidable circumstances, then it is essential that you consult the lawyers in bengaluru for divorce. They can help you to understand the various legal procedures which in turn will help you to make the traumatic experience stress free.