Divorce

Divorce Law in India:

Governing Laws (based on religion):

• Hindu Marriage Act, 1955 – Hindus, Sikhs, Jains, Buddhists
• Special Marriage Act, 1954 – Inter-faith couples or civil marriages
• Muslim Personal Law (Shariat) – Muslims (customary + statutory)
• Indian Divorce Act, 1869 – Christians
• Parsi Marriage and Divorce Act, 1936 – Parsis

Types of Divorce in India

1. Mutual Consent Divorce (Section 13B, Hindu Marriage Act / Section 28, SMA)

• Both parties agree to divorce
• Must live separately for 1 year
• Court grants divorce after 2 motions (usually 6 months apart, but can be waived)
• Quicker, cheaper, and less emotionally draining

2. Contested Divorce

One party file based on grounds like:

• Cruelty
• Adultery
• Desertion (2+ years)
• Mental disorder
• Conversion to another religion
• Presumption of death (missing 7+ years)

More time-consuming, emotionally and legally complex.

Procedure for Divorce in India

1. Consultation & Legal Notice (optional)
2. Filing of Petition (mutual or contested)
3. Counseling/Mediation (in some courts it’s mandatory)
4. Evidence and Arguments (in contested divorce)
5. Judgment/Decree
6. Appeal (if any)

How Lawtech Can Help in Divorce Matters

As a law firm, Lawtech can be a full-service legal partner for individuals facing divorce. Here’s a breakdown of how you can assist:

1. Pre-Divorce Legal Counselling

• Explain legal rights and options
• Strategize based on the client’s goals (custody, alimony, property)
• Guide them through emotional and legal aspects

2. Drafting and Filing Petitions

• Mutual Consent Divorce Petition (First Motion + Second Motion)
• Contested Divorce Petition with proper documentation
• Reconciliation attempts, if applicable

3. Court Representation

• Appear before Family Court on behalf of the client
• Cross-examination, evidence submission, and argument in contested cases