Types of Divorce in India

In India divorce is becoming an important subject and divorce types also. Divorce petitions can be filed easily in family courts. Most of the time couples are confused about what type of divorce gives them easy relief.

It is an important topic to understand that every divorce is different and its role and responsibilities also. India is a diverse country.

India follows secularism also. In personal laws related to divorce it is enacted because every person who follows a different religion can get justice easily with the personal laws help.

In this article we will understand that divorce and its types in India. and how many types of divorce exist in India and how anyone can process the divorce. Laws and rules related to divorce used in India.

What Are Types of Divorce in India?

Divorce is the legal procedure which is used for the dissolution of marriage. It is the term which is not defined in any divorce act. Divorce can be understood in simple words. It means that when couples are separated and in their marital life grounds of divorce arise then they decide for the divorce.

All of the divorce procedures are used in court of law. It is the essential point that divorce can be done in court easily but before filing of case grounds of the divorce should be relevant. Many of the types of divorce in India are there.

Significant Divorce Types in India

In India divorce can be seen in various types and it is beneficial for the clients as well. When any couple is consulted by any lawyer then lawyers are suggested to them what kind of divorce is suitable for you according to your case.

In personal laws specially divorce act is given by the legislatures. Indian couples can easily file for the divorce according to their religion.

Every knowledge about the divorce related can be easily accessed by the divorce lawyers. It should be known about in which divorce we take less time or in which more time. Let us discuss types of divorce in Hindu, Muslim, Christian, Parsi law.

Divorce Types in Hindu law

Hindu law is especially enacted for Hindu religious people. In the Hindu marriage act 1955 act is specific about what religious people come under this act. In this act any person who is Buddhist, Jain, Sikh by religion.

For the purpose of divorce these people can take help from this act. Most of the cases are filed under Hindu marriage act. It is an important point that before consulting any lawyer you should be separated because most of the couples are not sure about the divorce types procedure in the court. Let us discuss about divorce classified into two types of divorce in Hindu law.

• Contested Divorce

It is the divorce which is filed by one party for another party. It is called a one party divorce as well. This divorce cannot be filed as the mutual consent way.

Contested divorce can be converted into mutual consent divorce when a contested divorce case is disposed of in the court premises. This divorce basically is filed in such conditions- cruelty, child custody, desertion etc. this divorce procedure takes a long time in court.

• Mutual Consent Divorce

It is the divorce which is filed jointly with the consent of couples. In this divorce couples are properly mutually agreed for the divorce. Divorce with mutual consent is the highest rate in the court because it is the type of divorce is not time consuming for couples.

The Hindu marriage act especially mentioned provisions related to this divorce. Essential point of this divorce is that the couple should live separately for one year. This divorce is preferred by many clients because of all things settled before the court.

One point is noted in the divorce file in India, especially in Hindu law. You cannot file a petition before one year of marriage. In the case of exceptional hardship and exceptional depravity found in marriage cases. It is a very important point.

Divorce Types in Muslim Law

Divorce can be classified in Muslim law as well. For the purpose of divorce for Muslim people specific acts are used for this religion. In Muslim law two types of divorce are given to couples or the judiciary.

They can take divorce easily. One is judicial process and second is extra judicial divorce in Muslim law. Divorce word is not used in Muslim law. The Talaq word is used for divorce in Muslim law.

• Judicial Process

This divorce is basically used by the wife with the help of the dissolution of marriage act 1939. In this act (section-2) provision specifically mentioned for the divorce. It is the Divorce types in Islam and Some of the grounds are given to the wife. Then the wife can take divorce easily from the husband.

• Extra Judicial Divorce Process

It is the divorce which is not written in any act. This divorce is given proper strength to couples so they can easily apply for the divorce.

This divorce (talaq) is used by the husband or wife. In this divorce various grounds are given to the husband or wife for the file for the divorce.

This ground is not given in any act. In this divorce process mutual consent or judicial decree is also given to the couple for filing of divorce. In this divorce (talaq) four types of divorce basically covered in this.

We can discuss the first divorce by husband. (talaq-e-sunnat, talaq-I-ahasan, ila, zihar), second divorce by wife (Talaq-i-tafweez, Lian), third divorce by mutual consent (mubarat, khula), fourth divorce by judicial decree (fask).

The divorce is given in extra judicial divorce especially in Muslim law. And It is the right of husband and wife according to their wish that they can apply for the divorce. Because they have their own grounds for divorce.

Divorce by Husband

• Talaq-e-sunnat

This talaq is basically used by the husband. In this talaq two types are also under this. In Muslim law, types of divorce pdf are not available.

• Talaq-i-Ahasan

In this talaq husband pronounces talaq one time orally during tuhr period. This talaq can be revoked at the time of iddat period.

• Talaq-i-Hasan

This talaq is unconstitutional now. This talaq is called a triple talaq. When the husband pronounces talaq three times orally talaq.

• Ila

In this divorce husband takes an oath to not have sexual intercourse with her wife. After 4 months of marriage.

• Zihar

In this talaq husband compares his wife with his sister, mother or other woman. Which particularly come under a prohibited degree of relationship.

Divorce By Wife

• Talaq-i-Tafweez

In this talaq husband delegates his authority for divorce to his wife.

• Lian

It comes under judicial decree. In this talaq if the wife has been charged for any false case then she takes help from the judiciary.

Divorce by Mutual Consent

Different Type of Mutual Consent Divorce includes:

• Khula

It is called mutual divorce. If the wife agrees for consideration to her husband free from the marriage. It is the will of the wife.

• Mubarat

In this marriage if both parties don't want the continuation of marriage. They put a proposal of divorce. And take divorce as well.

• Divorce Types in Christian law

Divorce can be classified in Christian law as well. For the purpose of divorce for Christian people specific acts are used for this religion. Divorce Act 1869 is used in Christian divorce. In the Christian law there are two types of divorce there.

Mutual Consent Divorce

It is the divorce which is filed jointly with the consent of couples. In this divorce couples are properly mutually agreed for the divorce. in the court because it is the type of divorce is not time consuming for couples. In this divorce couples should live separately for 2 years.

Contested Divorce

It is the divorce which is filed by one party for another party. It is called a one party divorce as well. This divorce cannot be filed as the mutual consent way. Contested divorce can be converted into mutual consent divorce when a contested divorce case is disposed of in the court premises.

Divorce Types In Special Marriage Act

Every couple can file for the divorce in their own religion like Hindu, Muslim, Christian, Parse law etc. but specially in the case of inter caste marriages couples are confused how they can file for divorce.

It is a solution for inter-caste couples. This act is basically used by inter-caste divorce cases. Now every couple can file easily for divorce in India even if they are from a different caste.

This act is made for inter-caste marriages in India. No other act is used for inter-caste divorce cases.  In the special marriage act 1954 divorce also classified into two types. In this divorce mutual consent or contested divorce are the two types of divorce in a special marriage act.

Mutual Consent Divorce

It is the divorce which is filed jointly with the consent of couples. In this divorce couples are properly mutually agreed for the divorce. in the court because it is the type of divorce is not time consuming for couples. Essential point of this divorce is that the couple should live separately for one year.

Contested Divorce

It is the divorce which is filed by one party for another party. It is called a one party divorce as well. This divorce cannot be filed as the mutual consent way. Contested divorce can be converted into mutual consent divorce when a contested divorce case is disposed of in the court premises. It is the divorce in Christian law.

Divorce Rules and Laws in India

In India various rules are given for the divorce in India. It is important to understand that within a time amendment is necessary in laws.

In divorce cases most of the changes are seen in the last years as well. Laws are present for the couples in the case of divorce in India.

Rules Related to Divorce in India:

• Waiving the 6 months’ mandatory period
• Law of maintenance in the case of live in relationship
• Adultery which is the ground for divorce. It is not a crime by the couple.
• Triple talaq is null and void. It is not grounds for divorce especially for Muslim men.
• It is the rules and laws in India. Rules are very important for any law. In the law if any change or anything is not particularly good for society then rules are made for the benefit of the public.
• Now we can discuss laws related to divorce in India. Every personal law which is related to divorce is the solution for couples who can take help from it. Divorce is expanding widely in India.

Laws related to different divorce types in India:

The Hindu marriage act 1955

The Dissolution of marriage act 1939

The Indian divorce act 1869

The Parsi marriage and divorce act 1939

The Special marriage act 1954

Bring to the Closure…

In this article we discussed various types of divorce in India. It is interesting that India is a diverse country and everyone has a right to take a divorce even from a different religion. 

It is important for divorce process in India. Without knowing the divorce types, it is difficult to solve their own case. 

Every divorce starts as the form of dissolution of marriage and ends with the decree of divorce. This time divorce has become very subjective for everyone and divorce sometimes is a solution for the couples as well. If they are filed together in a mutual consent way. 

Contested divorce is one of a kind of divorce types which is time consuming for couples and it is the reason why most of the couples filed for the divorce in mutual consent. Muslim law divorce is different from other divorce because in this divorce husband or wife is given their own grounds for divorce.

 

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