Divorce proceedings are seldom simple. For both persons involved, it can be mentally and emotionally draining. It might be the best line of action, though, if all other options have failed. Depending on the type of marriage and the religion practised, the Hindu Marriage Act of 1955, the Special Marriage Act of 1954, and the Indian Divorce Act of 1869 govern divorce in India.
For Hindu spouses, the Hindu Marriage Act, of 1955, the Special Marriage Act, of 1954, and the Indian Divorce Act, of 1869, respectively, control divorce proceedings in India. Any other personal legislation would govern the divorce proceedings under which the couple may have married. The family court that has jurisdiction over the location where the couple last lived together or where the respondent (the other party) currently resides is where divorce proceedings are typically filed. Several grounds for divorce can be used, including cruelty, adultery, impotence, desertion for a continuous period of two years or more, conversion to a different faith, being mentally unstable, or having a venereal disease. However, there are
procedural requirements that must be followed.
HOW TO MANAGE A DIVORCE CASE PROFESSIONALLY:-
➢ Choose the right approach
A disputed or mutual divorce are the two approaches to handling a divorce case. In a
disputed divorce, the parties are unable to agree on matters like child custody, alimony, and the distribution of assets. When both parties to the divorce agree on the conditions, it is referred to as a mutual divorce. A consensual divorce is less stressful than a disputed divorce and will save you time and money.
➢ Hire a competent Lawyer
Divorce proceedings can be difficult, painful, and time-consuming legally. Hiring a capable attorney with experience handling divorce matters is essential to guarantee that the procedure is professional and effective. A capable attorney will represent you in court and defend your interests while outlining the legal process, your rights, and your options.
➢ Organize your documents
A prenuptial agreement, bank papers, the marriage certificate, and any proof of adultery or abuse are just a few of the documents you should gather. These records will be valuable in court as proof of your case.
➢ Keep emotions in check
Divorces can be stressful and emotionally taxing. However, it’s crucial to control your emotions throughout the procedures. Don’t say or do anything that can undermine your case. Take your attorney’s advice and let them handle the legal paperwork so you can concentrate on looking after yourself and your family.
LATEST AMENDMENTS TO DIVORCE LAWS IN INDIA:-
The Indian government has introduced two recent amendments to the divorce laws in India.
1. The Triple Talaq Bill
The Triple Talaq Bill, which makes rapid divorce or triple talaq among Muslim men a crime, was approved by the Indian parliament in August 2019. The measure makes triple talaq a crime that carries a maximum three-year prison sentence.
2. The Divorce Amendment Bill
The Divorce Amendment Bill, which makes several important modifications to the Hindu Marriage Act of 1955, was introduced by the Indian government in July 2019. The suggested modifications are;
The addition of irretrievable separation from a spouse as a basis for divorce. The previous three-year separation requirement before filing for divorce will be reduced to two years. If the woman can demonstrate that the divorce will cause severe financial hardship, she may object to the divorce being granted on the grounds of irretrievable dissolution of the marriage.
Divorce cases can be difficult, thus a professional approach is necessary. The procedure can be facilitated by selecting a skilful attorney, remaining organised, and restraining one’s emotions. To make sure that your case is handled properly, it’s also crucial to stay current on the most recent changes to divorce legislation.