Types of Divorce in India
In India, divorce laws vary by religion. Hindu marriages are governed by the Hindu Marriage Act, 1955, while Muslims follow personal law, and Christians follow the Indian Divorce Act, 1869.
Mutual Consent Divorce
Both spouses can agree to dissolve the marriage under Section 13B of the Hindu Marriage Act. There is a mandatory 6-month waiting period (which can be waived by courts in some cases) after filing the joint petition.
Contested Divorce Grounds
- Cruelty (physical or mental)
- Adultery
- Desertion for 2+ years
- Conversion to another religion
- Mental illness
- Communicable disease
Maintenance Rights
Both Section 125 CrPC and the Hindu Marriage Act provide for maintenance. Courts consider income of both parties, standard of living, and needs of children.
If you are considering divorce or facing matrimonial issues, contact Silveroak Legal for a confidential consultation.
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divorce
family law
maintenance
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