Divorce is a legal process that involves ending a marital relationship. The reasons for divorce can be numerous, ranging from infidelity, domestic violence, financial issues, or irreconcilable differences. In India, divorce laws vary depending on the religion of the couple. The legal process can be a complicated and time-consuming affair. However, some options are available to expedite the process. In this article, we will explore the fastest way to get a divorce in India.
Divorce Filing, Procedures and Timelines
Mutual Consent Divorce
The Mutual Consent Divorce is the fastest and most straightforward way to get a divorce in India. Mutual consent divorce is available to couples who agree to end their marriage and are willing to cooperate to resolve all legal issues related to their separation. This type of divorce is becoming increasingly popular as it is less time-consuming and stressful than other divorces.
Obtaining a mutual consent divorce involves submitting a joint petition to the court, where both parties express their consent to end the marriage. They must also agree on issues such as child custody, alimony, and property division. Once the court is satisfied with the terms of the agreement, it grants the divorce.
This type of divorce benefits couples who want to end their marriage quickly and peacefully without going through a lengthy legal battle. It is also a less expensive option as there is no need for extensive legal representation or court appearances.
However, it is important to note that even in a mutual consent divorce, it is essential to have legal representation. A divorce lawyer can help you negotiate the settlement terms. Ensure your interests are protected and assist you in navigating the legal process.
Divorce by Desertion
Desertion is one of the valid grounds for divorce in India. It refers to a situation where one spouse abandons the other without a valid reason. In India, if one spouse has left the other for two years, the deserted spouse can file for divorce on this ground. However, the petitioner must prove that they have tried to reconcile with the other spouse, but their efforts were unsuccessful.
Desertion can take various forms. Physical desertion is when one spouse leaves the marital home and stays away for an extended period without the other spouse’s consent. Mental desertion is when one spouse abandons the other emotionally, making it impossible for them to continue the marital relationship. The deserted spouse must prove that they have been left without any reasonable cause. By the other spouse and their absence has been continuous for at least two years.
To file for divorce on the grounds of desertion, the petitioner must provide evidence that the other spouse has deserted them without any reasonable cause. They must also prove that they have tried to reconcile with the other spouse, but their efforts were unsuccessful. This can be a challenging task, and it is recommended that the petitioner seeks the advice of an experienced divorce lawyer who can guide them through the legal process.
Divorce by Adultery
Adultery is considered a severe breach of the marital trust and can be a valid ground for divorce in India. In a divorce case based on adultery, the petitioner must prove that their spouse has sexual relations with someone, not their spouse. This can be challenging as it requires strong evidence, such as witness statements, photographs, or other documents that prove the adulterous relationship.
However, the burden of proof lies on the petitioner, who must provide convincing evidence in court to establish their case. It is essential to note that suspicions or adultery allegations are insufficient grounds for divorce. The evidence must be concrete and substantial, and it should demonstrate that the adulterous relationship was ongoing and significantly impacted the marriage.
Moreover, it is essential to note that they cannot file for divorce if the petitioner has also committed adultery. In India, the law views adultery as a mutual wrong; if both spouses are guilty, neither can use it as a basis for divorce.
If the petitioner can prove adultery, the court can grant a divorce. And then order appropriate relief, such as alimony or child custody. The court may also consider the conduct of both spouses, the circumstances leading up to the adultery. And also the impact of the adulterous relationship on the marriage before making a decision.
Divorce by Cruelty
Cruelty is one of the valid grounds for divorce in India. It refers to any physical or mental harm inflicted by one spouse on the other. Cruelty can take many forms, such as physical violence, verbal abuse, harassment, and emotional abuse. In India, the petitioner must prove that the other spouse has been cruel to them. For to file a divorce on cruelty. The court will then take into account the severity of the cruelty and the impact it has had on the petitioner.
Proving cruelty can be challenging, as it can be difficult to gather concrete evidence of verbal or emotional abuse. Documenting instances of cruelty, such as keeping a record of threatening messages or voicemails, is recommended. Witnesses who can testify to the cruelty can also be helpful.
It is important to note that cruelty must be of such a nature that it makes it impossible for the petitioner to continue living with the other spouse. In other words, the cruelty must be to such a degree that it has caused the marriage breakdown beyond repair. Therefore, not every instance of cruelty will qualify as grounds for divorce.
If the court is satisfied with the evidence presented by the petitioner, it can grant a divorce on the ground of cruelty. The court may also consider other factors, such as the financial stability of both parties, the custody of children, and property division.
Conclusion
Divorce can be a challenging and emotionally draining process. However, knowing that options are available to expedite the process is essential. Mutual Consent Divorce is the fastest way to get a divorce in India. But other grounds, such as desertion, adultery, and cruelty, can also be valid reasons for divorce.
If you are considering a divorce, it is crucial to consult with an experienced divorce lawyer who can guide you through the legal process. Aranlaw Associates is a leading law firm in India that specializes in family law and divorce cases. Contact them for assistance and guidance in your divorce proceedings.
