Understanding Divorce Laws in India: Mutual vs Contested Divorce

Divorce, although emotionally challenging, is available to couples who are no longer able to maintain their marital conditions. In India, divorce laws are governed by different individual laws on the basis of religion, such as the Hindu marriage law, 1955; Muslim personal law; Indian divorce, 1869 (for Christians); And Special Marriage Act, 1954 (for trust or civilian marriage). Indian divorce negotiations are mainly classified into two types: Mutual Consent Divorce and Contested Divorce. Understanding the difference between the two can help the joints choose the right way.

What is Mutual Consent Divorce?

Mutual consent divorce occurs when both husband & wife agree to end marriage in the heartfelt way. It is considered a simple, faster & less emotionally considered a tax process. This requires consent from both sides and compromise on important aspects such as the maintenance contributions, custody of children and property.

Key requirements:

• The couple should be separated for at least one year.
• Both sides must voluntarily agree to dissolve marriage.
• A joint petition has been submitted in Family Court in accordance with section 13B of the Hindu marriage law or related individual laws.

Procedure:

• Filing a Joint Petition:  Both spouses file a petition stating their willingness to separate.
• First declaration of speed: The court records statements from both sides.
• Cooling period: Minimum six months period is given for reconciliation (can be waived by the court).
• Second Motion: After the cooling period, it appears that both sides again confirm the decision.
• Divorce decision: If the court is fulfilled, a final divorce is given.

Advantages:

• Timely (usually 6-18 months).
• Less legal and emotional conflict.
• Price's effective compared to divorce competitions.

What is Contested Divorce?

One choice that disputes divorce, divorce without divorce without the other consent. This involves litigation, as the other side may not agree with Aadhaar or can dispute cases such as maintenance or custody.

For divorce competition choices (under the Hindu marriage law):

•  Cruelty
• Adultery
• Desertion (for at least 2 years)
• Mental disorder
• Conversion of religion
• The endorsing of the world
• Estimation of death (spouse did not hear in 7 years)

Procedure:

• A petition: A spouse submits a petition in the Family Court on the ground.
• Responses from the second page: Other spouses may dispute or accept claims.
• Evidence and Hearings: Both sides present evidence and witnesses.
• Judgment: Based on facts and legal arguments, the court decided if he was to be separated.

Disadvantages:

• May be longer (years in some cases).
• High emotional and financial stress.
• Can be more adversarial and complex

Key Differences at a Glance

Conclusion 

Choosing between a mutual consent and competition divorce depends on the couple's status. While mutual divorce is recommended for its ease and dignity, the chemical divorce is still the only option when a spouse is not ready to cooperate or involves serious claims. Awareness of legal consultation, emotional preparedness and your rights is important when navigating through divorce.