Best Divorce Lawyer in Janakpuri Delhi

In India, divorce laws are governed by different acts depending on the religion of the parties involved. Below is a comprehensive overview of divorce laws in India with related sections and articles.

📚 1. Hindu Marriage Act, 1955 (Applicable to Hindus, Buddhists, Jains, and Sikhs)

✅ Grounds for Divorce (Section 13)

Either spouse can file for divorce on the following grounds:

Adultery – Voluntary sexual intercourse with someone other than the spouse.
Cruelty – Physical or mental cruelty by the spouse.
Desertion – Continuous desertion for at least 2 years.
Conversion – Conversion of one spouse to another religion.
Mental Disorder/Insanity – Unsoundness of mind making normal married life impossible.
Leprosy – Incurable and virulent form of leprosy.
Venereal Disease – Communicable disease that is incurable.
Renunciation – Renouncing the world for a religious order.
Presumption of Death – If the spouse is not heard of for 7 years.

🤝 Mutual Consent Divorce (Section 13B)

Both parties must agree to dissolve the marriage.
Cooling-off period: Minimum 6 months after filing, which may be waived by the court under certain circumstances.
A second motion can be filed after 6 months but within 18 months of the first motion.

⚖️ Additional Grounds Available to Women (Section 13(2))

A woman can seek divorce on additional grounds:

Husband has remarried while the first marriage is still subsisting.
Husband is guilty of rape, sodomy, or bestiality.
Husband has not cohabited with her for at least 1 year after the maintenance order.

🕌 2. Muslim Law (Dissolution of Muslim Marriage Act, 1939)

✅ Modes of Divorce under Muslim Law

Talaq (By Husband)
- Talaq-e-Sunnat: Revocable and consists of:
  - Ahsan: Single pronouncement of talaq followed by abstinence for the Iddat period.
  - Hasan: Three pronouncements in three successive periods.
- Talaq-e-Biddat (Triple Talaq): Instant and irrevocable divorce, now banned by the Muslim Women (Protection of Rights on Marriage) Act, 2019.
Khula (By Wife)
- Wife seeks divorce by returning Mahr (dower) to the husband.
Mubarat (By Mutual Consent)
- Both parties mutually agree to dissolve the marriage.
Faskh (Judicial Divorce)
- Granted by the court on specific grounds, including cruelty, failure to provide maintenance, or impotence.

⚖️ Grounds for Divorce by Wife Under Dissolution of Muslim Marriage Act, 1939

Husband’s whereabouts unknown for 4 years.
Failure to provide maintenance for 2 years.
Husband sentenced to imprisonment for 7 years or more.
Husband’s impotence at the time of marriage.

⛪ 3. Indian Divorce Act, 1869 (Applicable to Christians)

✅ Grounds for Divorce (Section 10)

Adultery.
Conversion to another religion.
Cruelty.
Desertion for 2 years or more.
Insanity or incurable mental disorder.
Venereal disease in a communicable form.
Presumption of death after 7 years.

⚖️ Mutual Consent Divorce (Section 10A)

Mandatory separation period of 2 years before filing for mutual consent divorce.

🕉️ 4. Parsi Marriage and Divorce Act, 1936

✅ Grounds for Divorce (Section 32)

Non-consummation of marriage within 1 year.
Unsound mind or mental illness for 2 years.
Pregnancy by another man before marriage.
Cruelty, desertion, or adultery.
Venereal disease or leprosy.

⚖️ Mutual Consent Divorce (Section 32B)

Divorce by mutual consent after separation for 1 year.

🔖 5. Special Marriage Act, 1954 (Applicable for Inter-religious Marriages)

✅ Grounds for Divorce (Section 27)

Adultery.
Cruelty.
Desertion for 2 years or more.
Conversion to another religion.
Unsound mind or incurable mental disorder.
Venereal disease or leprosy.
Presumption of death after 7 years.

⚖️ Mutual Consent Divorce (Section 28)

Both parties can file for divorce with mutual consent after 1 year of marriage.

🛡️ 6. Maintenance and Custody Post-Divorce

Section 125 CrPC: Provides maintenance to the wife, children, and parents if unable to maintain themselves.
Hindu Adoption and Maintenance Act, 1956: Maintenance to wife during and after divorce.
Muslim Women (Protection of Rights on Divorce) Act, 1986: Maintenance for Muslim women after divorce.

💡 7. Recent Developments and Key Points

Irretrievable Breakdown of Marriage: The Supreme Court has allowed divorce on this ground in exceptional cases.
Triple Talaq Ban (2019): Instant triple talaq declared unconstitutional.
Waiver of Cooling-off Period: The 6-month waiting period in mutual consent divorce can be waived under extraordinary circumstances.

🕰️ 8. Time Frame and Jurisdiction for Filing Divorce

Divorce petitions must be filed in the family court where:
- Marriage was solemnized.
- Spouses last resided together.
- Respondent currently resides.