How to get a divorce in India? How to divorce? divorces?

How to get a divorce in India?

There are different laws of different religious divorce. Hindus (including Sikhs, Jain, Budh) are governed by Hindu Marriage Act, 1955.Christians are governed by the Indian Divorce Act, 1869 and the Marriage Act Indian Christian 1872.Muslims are governed by the laws of staff Divorce and dissolution of Marriage Act, 1939 and The Muslim Women (Protection of Rights on Divorce) Act, 1986. Similarly, the Parsis are governed by the Parsi Marriage & Divorce Act, 1936. And there is a law called secular Special Marriage Act, 1954.
A cursory reading of the full range of Indian laws on divorce, it is clear that the overall divorce can be obtained in two ways:

• Divorce by mutual consent
• Contested divorce

1. Divorce by mutual consent is a simple way out of the marriage dissolves and legally. Important condition is the mutual consent of husband and wife. There are two aspects in which husband and wife must reach a consensus. The first issues of alimony or maintenance. According to the law there is no maximum or minimum maintenance. It could be any number or no number. Next important consideration is the child care. This can also be worked efficiently between the parties. Child Custody in Divorce by mutual consent can be shared or joint or sole depending on the understanding of both spouses.

Duration of divorce by mutual consent varies from one to six months or more states in accordance with the instructions and the High Court.

2. Contested divorce As its name suggests, you'll have to challenge it. Indian law generally recognizes cruelty (physical and mental), desertion (period varies from 2 to 3 years), of unsound mind (the incurable form), impotence, renouncing the world, party, etc. aggrieved must take one of the above grounds for divorce and will dismiss the case before the Court of competent jurisdiction. Party who files the case must prove with evidence and supporting documents. The success proves the case, the divorce will be granted and divorce will be established accordingly.

CANCELLATION OF MARRIAGE:
Marriage in India can also be dissolved through annulment. Cancellation procedure is the same as divorce, except that the grounds for annulment are different from that of divorce. Grounds for annulment are fraud, the pregnancy of the woman by a person other than the husband, impotence before marriage and still exist at the time of submission of the application.

Once the cancellation is granted by the Court Indian status of the parties remains as it was before marriage.

Nullity of marriage
There is some form of marriage which is null and void despite the performance / celebration of the same. Marriage is void under the following circumstances: -

a) no party has a spouse living at the time of marriage

b) the parties are not within the prohibited degrees of relationship, unless the custom or usage governing each of them permits of a marriage between the two;

c) the parties are not sapindas the other, unless the custom or usage governing each of them permits of a marriage between the two.

Time for obtaining a divorce varies from one case to another and in different places. Generally, the procedure for contested divorce take about 18 to 24 months. Divorce by mutual consent varies from 4 weeks to 7 months old. In Delhi, divorce by mutual consent can be two to four weeks.

General procedure for obtaining a divorce in all forms of law (based on religion) is the same only bit of variation.