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Divorce Cases

If you're considering filing for divorce, you're not alone. In India, over 50 percent of first marriages end in divorce, and around 43 percent of all marital unions ultimately are disolved. And, unfortunately, the estimated length of a divorce proceeding is one year long, so it's not only a painful and difficult decision, but one that is often protracted. Divorce law is a state law issue, so the rules vary from state to state, though most states have several factors in common.

India has different divorce laws for different religions. Almost all the religions has their own divorce laws in India which are used amongs themselves. There are seperate laws for inter-cast or inter-religion marriages. Divorce laws in India for Hindus is described in Hindu Marriage Act, 1955. Hindu Marriage Act is also used for Sikhs, Buddhists and Jains as they don't have their own seperate marriage and divorce laws. Here is the list of various divorce laws in India for various religions:

CONSULT BY LAWYER


It’s a good idea at the outset to speak with an attorney before even mentioning the prospect of divorce to your spouse; this way, a lawyer can advise you what you should and should not say after you have breached the topic. This is the case even if your marriage is short-lived, or if you have little property or no children. The expense of a lawyer, in the long run, is probably well-worth the money. You need to speak an attorney to discuss things as big as child custody, or even as small as who will remain in a rented apartment after your separation. An initial consultation will allow you to ask questions, and an attorney can offer advice specific to your situation (something no website can legally provide). A lawyer may also be able to offer assistance in strategizing your first moves. Check your local bar association or our for a lawyer in your area.

NRI Divorce


While the procedure of getting a divorce in India is protracted enough, the situation gets further complicated if the marriage involves one or both non-resident Indians. The Indian legal system does not have very exhaustive divorce laws for marriages with or among non-resident Indians. However if a couple has got married in India under the Hindu Marriage Act 1955, the partners can file for divorce by mutual consent, like other Indians residing in the country. If both the spouses are residing in a foreign country, Indian law will recognize their divorce according to the laws of that country, only if it is by mutual consent. Even when the divorce is taking place abroad, it is always better to hire a lawyer who is aware of Indian divorce laws relating to non-resident Indians.

The whole procedure of going through a divorce in India is fraught with emotional, social and legal complexities. Besides being an exceedingly traumatic personal experience, partners, especially women, going through divorce face discrimination from their communities and even their families. Moreover, the long drawn-out litigation creates pressure on already stretched resources. However, there are several state agencies as well non-government organizations, which offer legal and emotional counselling and sometimes even financial aid, for spouses going through divorce. The important thing is to keep one’s courage through it all and continue to fight for one’s own well being. `