What is the Divorce Procedure and Divorce Types in India?
Divorce is essentially the dissolution of marriage. It is a term used for the termination of the marriage. In India, just like marriage laws, divorce laws can be personal laws, depending upon the religion of the parties.
Divorce takes place when the dissolution of a marriage is approved by a court or any other competent body. The parties.i.e. Husband and wife are afterward not bound to perform the duties inside a marriage, the bond of marriage breaks the moment divorce is approved.
A divorce procedure or process, as per the Indian Legal system, fundamentally begins with the filing of a divorce petition. The manner in which this entire procedure of divorce in India works starts at the point at which the divorce petition is filed by one of the parties associated with the divorce process and notice of the same is served to the other one.
Divorce can be granted by a court of law in India, for which an appropriate petition is filed. There are two ways to file a divorce in India :
1. Mutual Divorce
2. Contested Divorce
Mutual Consent Divorce:
In this type of divorce, both the partners mutually decide to end their marriage without having to fight for proving their sides and getting something in return. This type of divorce is also said to be uncontested divorce as the husband and the wife jointly decide about all the terms of divorce and related formalities like children’s custody, alimony/maintenance, and division of movable and immovable property.
In this kind of divorce, one side wants to file for the divorce but the other side does not consent to this divorce. As is very clear from the name itself, one party has to contest for the divorce in the court against the other party.
Whereas Mutual Divorce is generally less traumatic for the parties and their families, contested divorce brings more problems which relate to child custody, maintenance and other things.
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