Divorce Law in India

Divorce is one of the most difficult phases of life that a married couple goes through. In India, since divorce is a personal matter, it is connected with religion. The Hindu Marriage Act,1955 governs the divorce for the Jains, Sikhs, Hindus, and Buddhists. You can click here to check Criminal Lawyer in Lucknow also for criminal cases in India.

The divorce laws of Muslims are governed by the Dissolution of Muslim Marriage Act,1939, the Parsis by Parsi Marriage and Divorce Act,1936, and Christians are governed by the Indian Divorce Act,1869. All inter-community marriages are governed by the Special Marriages Act,1954.

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How to File a Divorce in India

In case a couple wants a divorce then they have to follow the following steps:

  1. The couple will have to hire a lawyer first so that he can provide them with all the details.
  2. A petition will be filed in the court by the lawyer.
  3. A copy of the petition will be then sent to the spouse.
  4. The spouse could either agree to divorce or contest against it.
  5. The completion of the procedure will depend on the circumstances of the case.
  6. In case of divorce by mutual consent, the parties have to prove that they were living separately for more than one year.
  7. A period of six months is given to the parties to reconsider their divorce.
  8. After the expiry of the period of six months, if the parties are still of the opinion that they want a divorce, then, the court can give the divorce decree.
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What are the various documents required to file a petition for a contested divorce?

The documents required for the filing of a divorce petition for a contested divorce are:

  1. Address proof of husband.
  2. Address proof of wife.
  3. Marriage certificate.
  4. Four passport size photographs of both husband and wife.
  5. Evidence should be there which proves that both the husband and wife have been living separately.
  6. Evidence proving that the attempts were made to reconcile but were not successful.
  7. Income tax statements of the last two-three years.
  8. Details of the profession and present remuneration of the petitioner.
  9. Information regarding the family background of both parties.
  10. Details of the property owned by the petitioner.

Lawyer’s fee one expects to pay for divorce cases in India

Generally, the charges for filing a divorce case is not too much, however, the Best Divorce Lawyer in Lucknow who engages to fight a divorce suit might charge for the services he has given. The lowest cost to fight a divorce suit is around ten thousand and the maximum might go is around ten lakhs.

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