Divorce Lawyers in India

Our divorce lawyers in India assist former couples who are no longer willing to remain united through marriage. Divorce in India is granted provided that the two individuals prove their mutual consent or when one party starts the procedures for contested divorce.

At our law firm in India, we offer a wide range of services for individual clients as well as corporate ones. Read below to find out more about the divorce process and how we can assist.

Grounds for divorce in India

When the prospect of separation becomes unavoidable for a couple, it is only natural to start thinking about the option for divorce in India and how this process takes place.

Divorce in India is governed by personal laws: the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, the Dissolution of Muslim Marriages Act, 1939, the Parsi Marriage and Divorce Act, 1936 and, for Christians, the Divorce Act, 1869. Under these Acts, the petition for divorce is submitted to the Family Court (or, where none exists, the District Court) in the petitioner’s area of residence.

Below, our divorce lawyers in India highlight the main grounds for divorce as they are provided for in the Divorce Act, 1869 (applicable to Christians):

• Adultery by one of the spouses;
• One of the spouses has been incurably of unsound mind for more than two years before petitioning for divorce in India;
• Has been suffering for a period of at least two years from venereal disease;
• Has wilfully refused to consummate the marriage;
• Has wilfully deserted the other spouse for at least two years prior to the submission of the divorce papers. Our Indian lawyers can give you more information about the burden of proof in this case;
• Has treated the petitioner with cruelty or (on a wife's petition) the husband has been guilty of rape, sodomy or bestiality.

For Christians, our divorce lawyers in India can detail the situation in which a petition or divorce can be submitted when one spouse of Christian confession has ceased to be Christian by conversion to another religion.

Understanding the grounds for divorce is an essential part of the process, although irretrievable breakdown of marriage is not a statutory ground (only the Supreme Court can dissolve a marriage on this basis, under Article 142 of the Constitution). Legal assistance, such as that provided by our divorce lawyers in India can be essential in many cases.

General information about the divorce procedure in India

The first step towards getting a divorce in India is filing a petition for divorce. This can be done by either party when the divorce is mutual, or by one of the former spouses when it is a contested divorce.

Consulting one of the available divorce lawyers in India can be advisable from the earliest stages of divorce, in order to better understand one’s options.

The mutual consent divorce is the fastest and least complex procedure as the spouses essentially agree on their separation. If they also need to sort out more complex discussions about the division of property, the assistance offered by our lawyers in India can be of help.

Divorce rates in India

Traditionally, India has had a low rate of divorce. Marriage is looked upon as a sacred institution and not many Indians choose to end their union. Several sources confirm this, based on data gathered throughout the years. Below, our team briefly summarizes some of these findings:

• About 1% of those who get married will end up getting divorced;
• This means that about 1 in 52,308 people will get divorced in India;
• The very low rates are also tied to the country’s very large population, which was estimated at 1,464,584,295 according to projections from several sources, including the U.N.

Our attorneys assist clients who are looking to initiate a divorce process as well as those who are interested in other matters, such as acquiring residency in India.

Contact us for more information about the legal services offered by our divorce lawyers in India, along with the other solutions provided by our law firm.