Divorce Proceedings

Divorce proceedings in India are governed by various personal laws depending on the religion of the parties involved. The Hindu Marriage Act, 1955, applies to Hindus, Buddhists, Sikhs, and Jains, while the Indian Christian Marriage Act, 1872, and the Parsi Marriage and Divorce Act, 1936, govern Christians and Parsis respectively. For Muslims, divorce is governed by Muslim Personal Law.

Common grounds for divorce under Hindu Marriage Act include:

• Adultery by the other spouse
• Cruelty (physical or mental)
• Desertion for a continuous period of not less than two years
• Conversion to another religion
• Mental disorder or communicable disease
• Renunciation of the world by entering a religious order
• Presumption of death (not heard of for seven years)

The divorce process typically involves filing a petition in the family court, serving notice to the respondent, and attending mediation sessions. Courts often encourage reconciliation through counseling before proceeding with the divorce decree.

Key considerations during divorce proceedings include child custody, maintenance, division of assets, and rehabilitation of the dependent spouse. The court's primary concern is the welfare of any children involved in the marriage.