Divorce Rules in India: A Comprehensive Overview

According to the Indian Divorce Act, a Christian marriage may apply for divorce with mutual permission (also known as a no-fault or mutual divorce) or with one spouse’s consent only (also known as a fault divorce).

Divorce with Mutual Consent

In accordance with Section 10A of the Indian Divorce Act, 1869, which stipulates that a couple must have been apart for a minimum of two years and that they have not been living together as husband and wife during that time, the courts will take into consideration a divorce that has been agreed upon by both parties.

• The pair should be apart for more than a year.
• The pair must be able to demonstrate that they have been unable to cohabitate.
• Property rights, maintenance, and child custody issues must be jointly agreed upon.

Alimony or Maintenance Issues

The spouses need to agree on three points of agreement. One is the matter of maintenance or alimony. There is no minimum or maximum amount of support required by divorce law.

Custody of the child

The child’s custody will be the second factor taken into account. Depending on what the parties agree upon, child custody in a mutual agreement divorce may also be shared, joint, or exclusive.

Property Rights

Property comes in third. Who gets what property (including immovable and movable) is up to the couples to decide. Everything pertaining to the financial accounts needs to be separated.

Duration of Divorce

Depending on the court’s ruling, a divorce by mutual consent can last anywhere from six to eighteen months.

Dissolution of Marriage (Divorce without Mutual Consent)

Either the husband or the wife may petition for the dissolution of the marriage in accordance with the Indian Diverse Act. Below is a detailed explanation of the requirements under which they can submit the petition:

Petition by Husband

Every husband has the right to ask the District Court or the High Court to dissolve his marriage on the grounds that his wife has been unfaithful since the marriage ceremony. This act states that the Christian Marriage Act may be used to solemnize such a marriage.

Petition by Wife

Any wife may file for the dissolution of the marriage in either the District Court or the High Court. The wife may submit such a petition in any of the following situations:

• If her husband switched from practicing Christianity to practicing another faith,
• In the event that the husband entered into a marriage with another woman
• If her spouse has engaged in incestuous adultery since the marriage ceremony
• When bigamy is combined with adultery
• When married to a woman who has committed adultery
• When it comes to bestiality, sodomy, or rape
• If she had committed adultery and shown such cruelty, she would have been entitled to a divorce.
• When adultery is combined with desertion for two years or more without a valid justification,

Contents of Petition

Every such petition should include the facts supporting the claim to have the marriage dissolved as clearly as the circumstances of the case allow.

Dismissal of petition

In any of the following situations, the court will reject the petition:

• If the court finds that the evidence supporting a petition is insufficient or the petitioner’s argument is not supported,
• If the court is not convinced that the alleged adultery has occurred, determines that the petitioner has either condoned the alleged adultery or been complicit in the other party’s adultery or the continuation of the aforementioned form of marriage,
• The court will reject the petition if it is prosecuted in conjunction with any of the aforementioned matters or either of the respondents.

Decree for Dissolving the Marriage

The court will issue a decree pronouncing the marriage to be dissolved if it is satisfied and the petitioner’s proof has been proven true. The following cases are exempt from the Court’s obligation to issue such a decree under this act:

• Should it conclude that the petitioner has engaged in adultery,
• In the event that the petitioner has presented or pursued such a petition with an undue delay,
• In the event that one spouse is unkind to the other
• If someone intentionally distanced themselves from the other party prior to the adultery complaint and did so without a valid basis,
• In the event that the other party has engaged in adultery due to deliberate negligence or misbehavior

Verification by High Court

For the purpose of confirming a divorce decree, the High Court will review the cases. The majority’s view will be upheld in a court with three judges, or When there are two judges on a court, the senior judge’s view will be considered. The High Court has the authority to order additional research or evidence to be gathered if it so desires. The District Judge will certify the investigation’s findings and supporting documentation to the High Court, which will then issue an order upholding the marriage divorce decree.