What happens in a divorce?

Divorce is a legal process that ends a marriage. In India, divorce is governed by the Hindu Marriage Act of 1955, the Special Marriage Act of 1954, and the Indian Divorce Act of 1869, depending on the religion of the couple. In this article, we will explore what happens during a divorce in India.

Grounds for Divorce

In India, there are several grounds for divorce, including:

• Adultery
• Cruelty
• Desertion
• Conversion to another religion
• Mental or physical incapacity

The most common ground for divorce is cruelty, which includes physical or mental abuse, harassment, and emotional abuse.

Initiating the Divorce

Either spouse can initiate a divorce by filing a petition in a family court. The petition must include details of the grounds for divorce, information about children and property, and any other relevant information.

Legal Process

The legal process for divorce in India is as follows:

1. Filing of Petition
2. Service of Summons and Notice to the other party
3. Response by other party
4. Mediation and Counselling (If required)
5. Evidence stage
6. Final Arguments and Order
7. Decree of Divorce

Property Division

In India, property acquired during the marriage is considered joint property and is divided equally between the spouses. This includes assets such as bank accounts, real estate, and investments.

Child Custody and Support

Child custody and support are also important issues in a divorce. The court will consider the best interests of the child when determining custody and support. The parent who does not have custody may be required to pay child support.

Conclusion

Divorce can be a difficult and emotionally challenging process. It is important to have experienced legal representation to ensure the best possible outcome. The senior lawyers at Rajendra Family Court Law Firm can provide expert legal advice and guidance to help you navigate the legal process of divorce in India.