Divorce Law

To understand the new rules for divorce in India, it is essential to look at how attitudes about marriage have changed. Historically, there were very few cases of divorce in India; however, now, it is more common for couples to end their marriage if they feel it is not working. Courts create rules to settle divorce cases and ensure fair treatment to both parties.

• Grounds for Divorce: Divorce can be granted on several grounds, such as adultery, cruelty, desertion, conversion, mental disorder, venereal disease, and irretrievable marriage breakdown. 
• Jurisdiction: The district court where the couple last resided has jurisdiction over divorce cases. Residency 
• Requirements: At least one of the spouses must have resided in India for at least six months before filing for divorce. 
• Waiting Period: There is a mandatory period of six months after filing for divorce, during which the court may attempt to reconcile the couple. 
• Separation Agreement: The couple may try to reach a separation agreement, which the court will review and approve. 
• Mediation: The court may suggest mediation to resolve disputes and reach a settlement. 
• Contested vs. Uncontested Divorce: Divorce can be either contested or uncontested. In a contested divorce, the court will hold a trial and decide on the terms of the divorce. In an uncontested divorce, the couple agrees on all terms, and the court approves the agreement. 
• Alimony: The court may order one spouse to pay alimony to the other, depending on various factors such as the duration of the marriage, the earning capacity of each spouse, and the standard of living during the marriage. 
• Child Custody and Support: The court will make decisions regarding child custody and support based on the child’s best interests. Both parents have a legal obligation to provide financial support for their children.
• Appeal: A spouse can appeal the district court’s decision to a higher court if they are not satisfied with the ruling. 

The new divorce rules in India for 2022-2023 include the following:

• Waiving the mandatory six-month period for rehabilitation.
• Recognizing irretrievable breakdown of marriage as a valid ground for divorce.
• Extending the law of maintenance for live-in relationships.
• Making it clear that adultery is not punishable.
• Triple talaq cannot be grounds for divorce. Any divorce granted by a personal law or Ecclesiastical Tribunal is invalid, as only the Civil Court can dissolve a marriage. 

Navigating the legal complexities of divorce can be emotionally charged and difficult. At our law firm, we understand the challenges of divorce. We are committed to providing you with the expert guidance and support you need during this time. We offer compassionate and personalised attention to each of our clients and work tirelessly to protect your rights and interests. Contact us today for a consultation, and let us help you confidently move forward.