Expert Divorce Lawyers: Legal Support for Your Case

Under the Hindu Marriage Act, 1955, there are two main types of divorce that can be sought:

Divorce by Mutual Consent: This type of divorce occurs when both spouses mutually agree to end their marriage. The process for divorce by mutual consent is governed by Section 13B of the Hindu Marriage Act. The key requirements for this type of divorce include:

a. Mutual Consent: Both parties must agree to the divorce and jointly file a petition stating their intention to dissolve the marriage.

b. Separation Period: The law requires a minimum period of separation before filing the petition. The couple must have lived separately for at least one year prior to the filing of the petition.

c. Cooling-off Period: After filing the petition, there is a mandatory waiting period of six months (known as the cooling-off period). This period allows the couple to reconsider their decision and provides an opportunity for reconciliation.

d. Joint Statement: At the end of the cooling-off period, both parties must appear before the court and make a joint statement confirming their intention to proceed with the divorce. If the court is satisfied, it will grant a decree of divorce.

Divorce on Fault-based Grounds: This type of divorce is sought when one spouse alleges specific grounds as outlined in Section 13 of the Hindu Marriage Act. The grounds for fault-based divorce include:

a. Adultery: A spouse engaging in a voluntary sexual relationship with another person.

b. Cruelty: Any physical or mental cruelty that makes it unbearable for the petitioner to continue living with the other spouse.

c. Desertion: When one spouse abandons the other without a valid reason and without the consent or against the wish of the petitioner.

d. Conversion to Another Religion: If a spouse converts to another religion, ceases to be a Hindu, and fails to fulfill marital obligations.

e. Mental Disorder: If a spouse suffers from a mental disorder or has been diagnosed with unsoundness of mind, making it impossible to continue the marriage.

f. Venereal Disease: If a spouse has a virulent and incurable form of venereal disease.

g. Renunciation of the World: If a spouse renounces the world and becomes a sanyasi (a person who has embraced an ascetic life).

h. Not Heard of as Being Alive: If a spouse has not been heard of as being alive for a period of seven years or more.

In fault-based divorce cases, the spouse seeking divorce must provide evidence to prove the allegations made against the other spouse. The court will then evaluate the evidence and decide whether to grant the divorce based on the provided grounds.

It's important to consult with a lawyer to understand the specific requirements, procedures, and evidence needed for each type of divorce under the Hindu Marriage Act, as they can vary based on individual circumstances and jurisdiction.

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