In India, the procedure for filing a divorce is governed by the Hindu
Marriage Act, 1955 (HMA) for Hindu couples. Here's an overview of the divorce
filing procedure under the HMA:
Section 13 of the Hindu Marriage Act, 1955 deals with the grounds on which a
petition for divorce may be presented before the court. It lists various grounds
on which a Hindu marriage may be dissolved by a decree of divorce.
Procedure for filing for Divorce under the Hindu Marriage Act:
Consultation with a Lawyer:
Before initiating the divorce process, it's advisable to consult with a lawyer
who specializes in family law to understand the legal aspects and implications
of divorce under the HMA.
Grounds for Divorce (Section 13):
The HMA provides several grounds on which a divorce petition can be filed, such
as cruelty, adultery, desertion, conversion to another religion, unsoundness of
mind, virulent and incurable leprosy, venereal disease, renunciation of the
world, and not heard alive for a specified period.
Filing the Divorce Petition:
The spouse seeking the divorce (the petitioner) must file a divorce petition
before the appropriate family court. The petition must state the specific
grounds for divorce as per Section 13 of the HMA.
Notice and Service:
After filing the petition, a copy of the petition must be served to the other
spouse (the respondent). The respondent is given a certain period to respond to
the divorce petition.
Response and Counterclaim:
The respondent may choose to contest the divorce or file a counterclaim with
their own allegations and demands.
Evidence and Arguments:
Both parties present their evidence and arguments supporting their respective
positions during the court hearings.
The court may refer the case to mediation to explore the possibility of
Decree of Divorce:
If the court is satisfied with the grounds presented and finds the marriage
irretrievably broken, it may grant a decree of divorce dissolving the marriage.
It's crucial to follow the specific procedures and requirements of the family
court in your jurisdiction when filing for divorce under the Hindu Marriage Act.
Each court may have its own processes and timelines for divorce proceedings.
Additionally, there may be different divorce laws and procedures for couples
belonging to other religions or under other family laws in India. Therefore,
it's essential to consult with a qualified lawyer familiar with family law and
the HMA to navigate the divorce process properly.