The process of termination of a marriage or dissolution between the husband and wife through the help of law is known as divorce, it immediately ends the institution of marriage between two adults or individuals. A divorce process typically involves argument in a courtroom where two councils will argue on behalf of their clients i.e. the husband and the wife on issues such as the custody of the child division of property as well as assets, monthly maintenance, and other conjugal rights. Divorce laws are different in every religion for Hindus; it’s regulated through the Hindu Marriage Act whereas in Islam, through the Islamic laws and so on.
Divorce practice is significantly different in India due to religious laws and cultural norms because every religion governs the laws related to marriage and divorce. Here’s a brief overview of the kinds of divorce as per Hinduism and Islam:
Divorces in Hinduism
Divorce between a Hindu man and woman is typically governed by the Hindu Marriage Act of 1955, which categories it in three types:
- Mutual Consent Divorce: This is a setting where both spouses agree and jointly file for divorce amicably.
- Contested Divorce: Divorces where one spouse files on grounds such as adultery, cruelty, desertion, mental illness, etc.
- Voidable Marriages: Annulment of a voidable marriage in cases where the spouses were not in a condition to give consent for example couples of child marriage.
Divorces in Islam
Divorce between a Muslim man and woman is typically governed by Muslim personal law and the Dissolution of Muslim Marriages Act of 1939:
- Talaq (Divorce by Husband):
– Ahsan: This refers to the single pronunciation of Talaq followed by a waiting period.
– Hasan: This refers to Three pronunciations of Talaq over a period every three months.
– Triple Talaq: Also known as Talaq-e-biddat and instant divorce refers to pronouncement of Talaq thrice in one go. This is an offense in India.
- Khula (Divorce by Wife): This refers to the divorce where the wife initiates divorce, such divorce obligates the return of the mahr from the wife.
- Mubarat: Mubarat refers to the Mutual agreement to dissolve the marital union of the couple.
- Judicial Divorce (Faskh): The divorce through court is known as Faskh where the wife files a petition of divorce on grounds such as cruelty or desertion.
The Legal Process of Contested Divorce: What You Need to Know Before Filing
Contested Divorces unlike the mutual consent divorce are lengthy and stressful, this process usually takes years to conclude or settle, here a few things you need to know about contested Divorce:
- Grounds for Divorce: The grounds for a contested Divorce must be stated clearly which may include adultery, cruelty, desertion, mental illness, etc.
- Divorce consultant: The best step is hiring an experienced divorce lawyer who will not only represent you in the court but will guide you through the whole process from the start and will give you divorce consultation.
- Filing the Petition: Divorce lawyers will assist you with filing a divorce petition in the appropriate family court by stating the ground of divorce in the petition.
- Serving the Spouse: The divorce petition must be formally served to the other spouse in order to notify them about the dates and initiation of suit.
- Response from Spouse: The other spouse will file a response, stating their contentions to the case whether to contest for the divorce on some other grounds or agreeing to some of the terms of the petition while declining the others.
- Pre-Trial Motions: Before the initiation of the trial various motions and hearings may occur between the parties settling matters like interim maintenance or custody of the child till the decree is passed.
- Mediation: It is encouraged that the couple opt for mediation to resolve disputes amicably and avoid going to the trial.
- Trial: However, if the mediation fails, the case goes for the trial. Both parties present evidence and arguments through their counsel or divorce lawyers, and the judge passes a decree based on the evidence and arguments.
- Final Decree: The Courts decision is binding on both the parties; at the end the judge issues a decree of divorce, settling the custody of the child, the monthly maintenance and the division of property.
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