divorce law

Procedure of divorce

What is procedure of divorce in India?

Divorce by Mutual Consent in India- Step by Step Procedure. Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation.

What is the law of divorce?

Divorce, or "dissolution of marriage," is the legal termination of the marital relationship. The divorce process is handled by family law attorneys (each estranged spouse retains his or her own counsel) and involves a number of issues, ranging from division of property to child custody.

Can a Hindu divorce?

Hinduism places a very high value on marriage and does not approve of divorce. In practice, however, it is recognised that marriages do not always work and divorces do take place. Faithfulness within marriage is expected, and adultery is not approved of. Self-control is an important aspect of Hindu teaching.

What is the procedure for divorce?

The Divorce Process. A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides.

Can I divorce my wife without her consent?

Marriage in India under Hindu Law. According to general definition, Marriage is a state of being united to a person of the opposite sex as husband or a wife in a consensual and contractual relationship recognised by law. When it comes to Hindu Law, marriage is termed as a sacred relationship.

Can I divorce my wife without her consent?

Some people still believe that this is the case. However, you can get a divorce without the consent of your spouse in every state. Contrary to the myth, one spouse's lack of consent does not normally delay or complicate a divorce.

Can a wife claim her husband property in divorce?

Wife is entitled to get 50% share of husband's properties acquired by him after their marriage. ... While filing divorce petition, wife can claim compensation for causing the divorce. Under the present law prevailing in India a wife has no share in the property of her husband.