Divorce in India

The very counter word for marriage is divorce. Divorce is the legal separation of two spouses by
bringing an end to the vows that they took during the sacred ceremony of marriage. The divorce
procedure differs from one governmental jurisdiction to another. In India divorce is still a major
social taboo and divorce seekers have to undergo several ordeals in order to get separated from
each other. Unlike western countries like USA and Sweden, the divorce rate is significantly low in
India. In earlier days, in spite of existence of radical disparity between spouses, either of the two
was expected to compromise with the other so that their marital bonding survives. In most cases
women were forced to adjust with the unbearable post marital conditions for the welfare of the
family, the children and even for herself as she was hardly open to any means of earning her own
livelihood.
With the advancement of time, spread of education and campaigns of human rights activists, divorce
has become a way to break free from the marital clutches for many women. Couples facing
difficulties in equating there levels of compatibility are now filing for divorce in order to renew their
life afresh. In fact, the rate of divorce is rapidly rising in the Indian metropolis.
If you are intending to get a divorce from your spouse, this site will certainly suffice all your
inquisitions regarding divorce. Divorce in India is a long legal procedure, whose period of prosecution
takes at least six months. The divorce procedure varies from the marriage acts of one personal law
to another. All Hindus including Sikhs, Buddhists and Jains can seek divorce under Hindu Marriage
Act. Whereas communities like Parsi, Christians, Muslims, have their own laws related to divorce. For
example, Christians divorce laws are regulated by the Indian Divorce Act, 1869, and that of a Parsi
by Parsi Marriage and Divorce Act, 1936. Inter community marriages are governed by Special
Marriage Act, 1956.
This website will enable you to collect substantial information regarding various details of filing for
divorce. While contesting for or mutually agreeing with the divorce, you may seek assistance from
the site regarding several divorce related affairs like alimony, child support and grounds for divorce.
For NRI divorce seekers, this website will be quite useful while gaining information regarding the
laws concerning the NRI divorce procedures. To get to know about hiring lawyers to dealing with
divorce, explore the entire indidivorce.com in order to understand the dynamics of divorce in India.

Divorce Laws in India

India has different divorce laws for different religions. Almost all the religions has their own divorce
laws in India which are used amongs themselves. There are seperate laws for inter-cast or interreligion marriages. Divorce laws in India for Hindus is described in Hindu Marriage Act, 1955. Hindu
Marriage Act is also used for Sikhs, Buddhists and Jains as they don't have their own seperate
marriage and divorce laws. Here is the list of various divorce laws in India for various religions:

Hindu (including Sikhs, Jains and Buddists) : Hindu Marriage Act, 1955

Muslims : Dissolution of Muslim Marriages Act, 1939

Christians : Indian Divorce Act, 1869

Parsis : The Parsi Marriage and Divorce Act, 1936

Inter-Cast of Inter-Religion : Special Marriage Act, 1954

Pre Divorce Preparation

Divorce petition can be filed on any of the legal grounds in India. Once you have decided to move
in the direction of divorce it is important that you are prepared for the path ahead. Basic knowledge
of legal procedures is very important. You need to do your homework before filing for divorce. The
pre divorce preparations include:
Going for marital counseling: There are various clinics and associations that offer marital
counseling to help the couples decide whether the divorce is actually inevitable. Breaking the family
is regarded as the last resort in Indian society. Thus you must try to understand whether the reason
for your divorce is actually valid.
Looking for a competent lawyer:Only a good lawyer can help you with the contemporary divorce
laws. A lawyer is essential for taking you forward at the right track while you are fighting for divorce.
It would be better if the lawyer is especially experienced in handling divorce cases. Also your comfort
level with the lawyer should be good as you will share personal details with him.
Planning you future: Now when you are going to get divorced you need to plan about various
issues like financial backup, shelter, child custody, and so on. Things will take time to settle down so
you must start planning in advance.
Well in order to get a legal divorce from the Indian court you need to take the following steps:

File joint petition in the court stating that you want divorce with mutual consent.

The petition will be accepted after you show the evidence that you have been staying
separately for 1 year.

Or if there is no contact between you and your spouse for 7 years then the court will
issue a divorce decree.

After the parties file a joint petition the court gives a time of 6 months to reconsider the
option of divorce.

If the parties do not withdraw the petition for divorce within that period, the court grants the
decree of divorce.

As far as the maintenance is concerned the wife can demand monthly allowance from the ex
husband. But if the ex spouse refuses to provide financial support then she can approach the
magistrate. The magistrate will then order the husband to pay a monthly allowance to his ex wife.
However, the allowance is only permitted till the female is remarried.
Every Indian man and wife should have a proper knowledge of how to deal with divorce
according to Indian laws. An attorney is definitely required, but your own knowledge and
information of various laws will give you a better picture.

Filing for Divorce in India

There are certain phases in your life that affect you mentally and psychologically and ultimately
bring about a significant change in your identity. Marriage is certainly a memorable event in your life
that assists you in shaping yourself as a new individual. On the other hand, a divorce will lead you to
unravel the unexplored tumultuous facets of life. Once you are determined to get a divorce or all set
to put an end to the conventional blissful marital relationship, you should first file for a divorce.
You might have gone through a long phase of emotional turmoil before making up your mind for
divorce, filing for divorce in India is even more distressing as the whole procedure may require from
few months to several years. Due to intricate Indian divorce laws a divorce can drain you out both
financially and emotionally. If you are firm in your decision in spite of being aware of all the
elaborate legal divorce processes, allow us to provide you brief information on steps involved in filing
for divorce in India.
Hiring a Lawyer
The very first step in getting a divorce is to hire a lawyer who would be acting as your legal advisor
through out the long process of divorce. While appointing a lawyer, you must make sure that he/she
is experienced enough to handle your divorce case tactfully and efficiently. Your lawyer should take
interest in your case and he/she must devote a substantial time to execute all the legal proceedings
of your divorce. It is always advisable that you enter into an agreement regarding the fee structure
at the very first day of your meeting with the lawyer.
The procedure of filing a divorce
According to the Indian divorce laws there are mainly two ways to obtain you divorce, the mutual
divorce and the contested divorce. In case of a mutual divorce, you can have a talk with your
estranged spouse to come to a settlement and get a no-fault divorce. If you are seeking a
contested divorce, you can file your divorce on the grounds that are specified under the particular
Indian marriage act that you are entitled to. There are separate divorce laws for Hindus, Christians,
Parsis and Muslims. Sikhs, Jains and Buddhists are governed by the Hindu Marriage Act, 1955 for
filing for divorce in India. Laws are even laid down for Inter-cast marriages under the Special
Marriage Act, 1956.
The following are the grounds on which divorces are commonly filed.

Involvement of the spouse of the petitioner in adultery or indulging in sexual relationships

outside his/her marriage.

Willfully deserting or abandoning the petitioner for a continuous period of two years prior to
the filing for divorce in India.

Inflicting physical and mental abuses that may cause danger to life and health.

Sexually impotent or inability to involve in sexual intercourse.

Suffering from incurable diseases and insanity

Your lawyer will draft a divorce petition based on the grounds for filing a divorce in India as
mentioned in the Indian divorce laws. You will be expected to provide your lawyer every necessary
details and documents that would enable him/her to file the case in the relevant court.
For filing for divorce in India, you are required to hand over the following photocopies of documents
to your lawyer.

Income Tax statements for the past 2 or 3 years

Details of your profession and your present remuneration

Your birth and family related information

Details of properties and assents possessed by you

Along with the above mentioned documents you need to provide your lawyer with a detailed account
of your marriage that includes how and when you got married and what went wrong that led to the
break up of the marital bonding you once shared with your spouse. The more honest you are in your
account the easier will be for the lawyer to file a strong petition for a contested divorce. For further
proceedings you will have to sign vakalatnama to give authority to your lawyer to represent you in
the courtroom. Shortly, the court will send a notice and a copy of your petition by registered post to
your former spouse asking him/her to appear in the court on a specified date.
Facing the consequence of filing for divorce in India is quite challenging as it requires tremendous
mental strength to fight against various social stigmas and economical threats. You should be well
prepared to confront all impediments that will arise once you file a divorce in court.

Divorce Procedure in India

Divorce in India is certainly not an easy procedure. The entire process of divorce that starts from
coping up with emotional ups and downs to contesting for the long awaited divorce decree for
several months is definitely a tough affair to get through. Before opting for a divorce you should be
aware of the fact that a divorce procedure in India extents for almost a year and in some special
cases of disputes the procedure may continue for years. The long distressing process of divorce will
be easier for you to handle if you have a firm determination to get the divorce.
Due to existence of diverse religious faiths in India, the Indian Judiciary has implemented laws
separately for couples belonging to different religious beliefs.
Divorce procedure in India is based on the following acts.

The Hindu Marriage Act, 1955

The Parsi Marriage and Divorce Act, 1936

The dissolution of Muslim Marriage act, 1939

The Parsi Marriage and Divorce Act, 1936

The Special Marriage Act, 1956

The Foreign Marriage Act, 1969

With the advancement of time and social awareness, several acts have been passed by the
government to make the present day divorce procedure in India more progressive with respect to
gender affairs and related sensitive issues. The Muslim Women Act 1986 was passed to protect the
rights of Muslim women on divorce. For inter caste and inter- religion marriages the divorce laws are
approved under The Special Marriage Act, 1956.
A contested divorce is filed on the grounds that are mentioned in the acts passed out separately for
different Indian religions.
Getting a divorce through mutual consent should always be preferred over the contested divorce
as the procedure of getting a mutual divorce is simpler in comparison to that of the other. For a
mutual divorce procedure in India, you can come to an agreement with your spouse where you may
resolve all kinds of disputes regarding maintenance, custody of children and such.

Under Section 13B of the Hindu Marriage Act, a husband and wife can file a mutual divorce only
when they have lived apart for at least a year. The couple must jointly mention about their inability
to continue the marital relationship due to some unavoidable circumstances. Both the sides must
voluntarily agree to dissolve the marriage.
The filing of a mutual divorce by both the husband and the wife is termed as the first motion. A
couple can file for a second motion after a gap of six months. The six months time span is provided
to the couple so that they get the time to reconsider their marriage.
A divorce decree can be passed before the completion of the six months term if all the mandatory
requirements for the divorce are sufficed. If the divorce file is not withdrawn within eighteen months
the court passes a divorce decree. Incase one of the sides withdraws his/her petition the court
initiates to make an enquiry. If the concerned side disagrees to give the consent, the court holds no
right to pass the divorce judgment.

Mutual Divorce in India

Divorce in India is certainly not an easy procedure. The entire process of divorce that starts from
coping up with emotional ups and downs to contesting for the long awaited divorce decree for
several months is definitely a tough affair to get through. Before opting for a divorce you should be
aware of the fact that a divorce procedure in India extents for almost a year and in some special
cases of disputes the procedure may continue for years. The long distressing process of divorce will
be easier for you to handle if you have a firm determination to get the divorce.
Due to existence of diverse religious faiths in India, the Indian Judiciary has implemented laws
separately for couples belonging to different religious beliefs.
Divorce procedure in India is based on the following acts.

The Hindu Marriage Act, 1955

The Parsi Marriage and Divorce Act, 1936

The dissolution of Muslim Marriage act, 1939

The Parsi Marriage and Divorce Act, 1936

The Special Marriage Act, 1956

The Foreign Marriage Act, 1969

With the advancement of time and social awareness, several acts have been passed by the
government to make the present day divorce procedure in India more progressive with respect to
gender affairs and related sensitive issues. The Muslim Women Act 1986 was passed to protect the
rights of Muslim women on divorce. For inter caste and inter- religion marriages the divorce laws are
approved under The Special Marriage Act, 1956.
A contested divorce is filed on the grounds that are mentioned in the acts passed out separately for
different Indian religions.
Getting a divorce through mutual consent should always be preferred over the contested divorce
as the procedure of getting a mutual divorce is simpler in comparison to that of the other. For a
mutual divorce procedure in India, you can come to an agreement with your spouse where you may
resolve all kinds of disputes regarding maintenance, custody of children and such.
Under Section 13B of the Hindu Marriage Act, a husband and wife can file a mutual divorce only
when they have lived apart for at least a year. The couple must jointly mention about their inability

to continue the marital relationship due to some unavoidable circumstances. Both the sides must
voluntarily agree to dissolve the marriage.
The filing of a mutual divorce by both the husband and the wife is termed as the first motion. A
couple can file for a second motion after a gap of six months. The six months time span is provided
to the couple so that they get the time to reconsider their marriage.
A divorce decree can be passed before the completion of the six months term if all the mandatory
requirements for the divorce are sufficed. If the divorce file is not withdrawn within eighteen months
the court passes a divorce decree. Incase one of the sides withdraws his/her petition the court
initiates to make an enquiry. If the concerned side disagrees to give the consent, the court holds no
right to pass the divorce judgment.

Grounds for Divorce in India

The secular mind-set of the Indian judicial system has initiated proclamation of various personal
laws based on different religious faiths. Hindus, Christians and Muslims are governed under separate
marriage acts and grounds for divorce in India.
Let us have a look at the various grounds for divorce in India.
The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955.
Adultery The act of indulging in any kind of sexual relationship including intercourse outside
marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are
required to establish it. An amendment to the law in 1976 states that one single act of adultery is
enough for the petitioner to get a divorce.
Cruelty A spouse can file a divorce case when he/she is subjected to any kind of mental and
physical injury that causes danger to life, limb and health. The intangible acts of cruelty through
mental torture are not judged upon one single act but series of incidents. Certain instances like the
food being denied, continuous ill treatment and abuses to acquire dowry, perverse sexual act and
such are included under cruelty.
Desertion If one of the spouses voluntarily abandons his/her partner for at least a period of two
years, the abandoned spouse can file a divorce case on the ground of desertion.
Conversion Incase either of the two converts himself/herself into another religion, the other
spouse may file a divorce case based on this ground.
Mental Disorder Mental disorder can become a ground for filing a divorce if the spouse of the
petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from
the couple to stay together.
Leprosy In case of a virulent and incurable form of leprosy, a petition can be filed by the other
spouse based on this ground.
Venereal Disease If one of the spouses is suffering from a serious disease that is easily
communicable, a divorce can be filed by the other spouse. The sexually transmitted diseases like
AIDS are accounted to be venereal diseases.
Renunciation A spouse is entitled to file for a divorce if the other renounces all worldly affairs by
embracing a religious order.
Not Heard Alive If a person is not seen or heard alive by those who are expected to be naturally
heard of the person for a continuous period of seven years, the person is presumed to be dead. The
other spouse should need to file a divorce if he/she is interested in remarriage.

No Resumption of Co-habitation It becomes a ground for divorce if the couple fails to resume
their co-habitation after the court has passed a decree of separation.
The following are the grounds for divorce in India on which a petition can be filed only by the wife.

If the husband has indulged in rape, bestiality and sodomy.

If the marriage is solemnized before the Hindu Marriage Act and the husband has again
married another woman in spite of the first wife being alive, the first wife can seek for a
divorce.

A girl is entitled to file for a divorce if she was married before the age of fifteen and
renounces the marriage before she attains eighteen years of age.

If there is no co-habitation for one year and the husband neglects the judgment of
maintenance awarded to the wife by the court, the wife can contest for a divorce.

Based on the Dissolution of Muslim Marriage act, 1939, a Muslim woman can seek divorce on the
following grounds for divorce in India.

The husbands whereabouts are unknown for a period of four years.

The husband has failed to provide maintenance to the wife for at least two years.

The husband has been under imprisonment for seven or more years.

The husband is unable to meet the marital obligations.

If the girl is married before fifteen and decides to end the relationship before she turns
eighteen.

The husband indulges in acts of cruelty.

Let us check out the following grounds of divorce mentioned under the Indian Divorce Act, 1869.

Adultery

Conversion to another religion

One of the couples suffering from an unsound mind, leprosy or communicable venereal
disease for at least two years before the filing of the divorce.

Not been seen or heard alive for the period of seven or more years.

Failure in observing the restitution of conjugal rights for at least two years.

Inflicting cruelty and giving rise to mental anxiety that can be injurious to health and life.

Wife can file a divorce based on the grounds of rape, sodomy and bestiality.

The following are the grounds for divorce in India included in the Parsi Marriage and Divorce Act,
1936 and the amendment of the same in 1988.

Continuous absence of seven years.

Non-consummation of marriage within one year.

Unsound mind provided the other spouse was unaware of the fact at the time of marriage
and the divorce must be filed within three years of marriage.

Pregnancy by some other man provided the husband was unaware of the incident during the
time of marriage and that he must not have undergone sexual intercourse after he came to
know about the situation. The divorce must be filed within two years of marriage.

Adultery, bigamy, fornication, rape, or any other type of perverse sexual act.

Act of cruelty

Suffering from venereal disease or forcing the wife into prostitution.

Sentenced to prison for seven years or more

Desertion for two or more years

Non-resumption of cohabitation after passing an order of maintenance or a decree of judicial

separation.

Divorce Rate in India

Acknowledging Indias respect for its culture and social ethics, one can guess that India enjoys a low
divorce rate. But it is more surprising to know that the divorce rate in India ranks lowest among all
the countries of the world. Statistics shows that only 1 out of 100 Indian marriages end up to a
divorce which is quite low in comparison to Americas 50% of marriages turning into breakups. The
rate of divorce in India was even low in the previous decade, where only 7.40 marriages out of
1,000 marriages were annulled. The divorce rate in Indian villages is even lower in caparison to
urban India.
The following figures will help you to get an idea about the divorce rate in India with respect to
global divorce rate.

Sweden 54.9%

United States 54.8%

Russia 43.3%

United Kingdom 42.6

Germany 39.4%

Israel 14.8%

Singapore 17.2%

Japan 1.9%

Srilanka 1.5%

India 1.1%

Even though India still boasts of that nearly hundred percent of the marriages are a success, rapid
urbanization and awareness of various rights are now instigating the divorce rate to shoot up.
Empowerment of women has initiated the dissolution of marriage in urban areas as financially

educated women are now open to the option of ending the relationship rather than to bear life long
abuses silently. The campaigns on gender equality are now giving rise to ego clashes between the
husband and wife, especially if the wife too is the bread earner of the family.
A survey states that over the past four years the divorce rate in Delhi, the capital city of India has
almost doubled and is projected to be 12000 by the year 2008. In 2006, Bangalore, the IT hub of
India it was recorded that 1,246 cases of divorce were filed in the court that pertain to the IT sector
exclusively. It has been estimated Mumbai has shot up to 4,138 in 2007 while cities that are
acknowledged for their cultural richness and social values like Kolkata and Chennai, are no less
behind. Agro based states like Punjab and Haryana are now seeing an increase of 150% of divorce
rate since the last decade. Kerala, known to be the most literate state has experienced an increase
of divorce rate by 350% in the last 10 years.
Around 20 years back India had a negligible divorce rate of around 5%. But based on the increasing
number of divorce being filed today, the divorce rate in India is expected to rise up at a faster rate
by the ensuing year.

Divorce Rate in Urban India

Even though India still enjoys a low divorce rate, the rapid increase in the number of divorce
petitions being filed in Indian courts is certainly a matter of concern. The Indian divorce rate is
although the lowest in compared to the rest of the countries of the world, but the present marital
scenario in India is likely under a threat. The very will to keep on with the sacred union even under
numerous marital disputes and disparities has mellowed with time and transformation of ideologies.
Let us trace out the reasons for the increasing rate of divorce in urban India.

Earlier a woman when divorced was subjected under social criticisms. Some how or the other
it was the wife who was to be blamed for the breakdown of the marriage. Even parents often
reluctantly accepted the divorced woman when she had returned to her parental home. But
now the views are changing. Parents now believe that it is definitely not the end of their
daughter even after her marriage is being dissolved.

Due to globalization and the IT boom, the Indian social life has become more faster. In order
to excel in ones own field of occupation, hardly any interest grows in the minds of
individuals to ponder and judge others personal matters like divorce. Hence, unlike earlier
days, the divorced couple is saved from the critical glare of the society.

With the spread of women education in India, women are getting the privilege to work and
earn for their own living. Well paid women are even at the advantage of supporting their
own children. So, if the woman undergoes unbearable mental and physical torture, she can
now easily move away from the marriage without much giving a thought on the post divorce
financial condition.

As the world is getting smaller, globalization is bringing about trade of cultures and
ideologies; there had been a significant change in the attitude towards marriage in modern
India. Due to the presence of a workaholic environment in common households of urban
India, marital incompatibility is the obvious consequence of such a situation. Hardly spouses
get the time to share their thoughts and affections with each other and a growing
dissatisfaction instigates the sacred marriage to turn into a grim divorce.

An estranged relationship can always be revived with the interference of close friends and
relatives. But the present day nucleated families are not that fortunate enough to get the
opportunity to reconsider their marriage under the presence of close family members.

The global divorce rate is increasing alarmingly. Governments of various countries including India
are taking up necessary steps to reduce the rate of divorce and to save marriages. Surveys and
studies are conducted across the globe to infer the exact reasons for breaking down marriages and

families. The awareness of the concept of living in a healthy and close knit family is the probable
solution to lessen the increasing rate of divorce.

Alimony in India
Though alimony is a very important matter to deal with during the litigation of a divorce case, the
very perception of right to claim the financial support for post divorce maintenance was not quite a
familiar concept among the Indian divorce seekers, especially women even few years back. But as
the rate of divorce is increasing in India at a rapid speed, people are becoming aware of the various
details related to divorce laws. The era of feminist campaigns, and spread of education among
women have contributed to the growing applicability of alimony in divorce cases.
The alimony or the spousal support is an obligation by laws in almost all the countries of the world.
It is expected that both the spouses irrespective of the sex must bear the maintenance support
during and after marriage.
The concept of alimony came in vogue due to the indissolubility nature of marriage. According to
marriage conventions marriage is a sacred union. Once the knot is tied, the duties and obligations of
marriage are to be carried out for the rest of the life even if there is mental disparity or physical
separation between the husband and the wife. The husband is bound to take up the responsibilities
for the maintenance of his wife in spite of sharing an estranged relationship. As time changed, the
laws and education empowered woman, divorce came as a spontaneous solution for an unsuccessful
marriage.
The present society treats men and women equal, as a result the burden of alimony can now fall
upon either side of the party depending upon the financial circumstances of the spouses. Though in
the present age of equality both men and women are now equal in the eyes of law, in practice men
are more liable to provide interim support to their ex spouse during the litigation procedure.
After divorce either of the spouse has the right to claim alimony. Though not an absolute right, but
can be granted by the court depending upon the circumstances and financial conditions of both the
spouses.
The following are the conditions depending on which alimony is awarded by the court.

Alimony is generally not granted to the seeking spouse if he or she is already receiving
support during the time of divorce. Although the rewarding of alimony can be revised in such
events based on the arguments for claiming the support.

In case of a contested divorce, often spouses fail to come to any understanding regarding
alimony. In such situations, the court takes up the task of making a decision on the amount
of alimony to be paid.

Only under certain compelling situations the court steps out to change the already framed
alimony. Some times the court might even hand over the burden of paying for the
maintenance to a public body.

The following are the factors that influence the duration and amount to be paid as alimony.

The amount and duration of alimony generally depends upon how long the marriage existed.
Marriages that lasted more than 10 years are entitled to be granted a life long alimony.

Age of the spouse is also taken into consideration while awarding alimony. Normally a young
recipient of alimony gets it for a short period of time if the court thinks that he or she will
soon be able to become financially sound trough prospective career excellence.

Alimony is also in vogue in order to equalize the economic condition of both the spouses. The
higher earning spouse is entitled to pay a heavy amount as alimony.

The spouse who is projected to be enjoying a prosperous career is liable to pay high alimony
amount.

If one of the spouses is suffering from poor health, the other is subjected to payment of high
alimony to ensure proper medication and well being of the other spouse.

The terms and conditions of payment of alimony in India vary from one personal law to another.
None of the Indian personal laws are spared from criticism due to existence of flaws in framing
definite rules for granting alimony. The Shah Bano case is one such instance that exposes how the
sustenance of a divorced woman is affected due to inclusion of inappropriate laws regarding post
divorce maintenance and financial support.

Child Support
The worst affected victims of divorce are probably the children. The most traumatizing situation for a
child is perhaps seeing ones parents getting separated. Being the constant witness to fights and
emotional tumult among his or her parents is certainly an unfortunate circumstance for a child. A
divorce results not only separation of spouses but also breakdown of an entire family. As for a child
both of the parents are dear to him or her, being away from one of them can hamper his emotional
state of mind severely. Hence, child custody and child support is an important affair in divorce that
should be dealt with care to ensure a bright future for the child.
Child support is one of the most important forms of alimony or spousal support post divorce. As child
support is for the benefits of the child both the parents are expected to take the initiation to make
proper provisions on child support alimony. Incase if it is a mutual divorce, parents should consult
the lawyer to help them in dealing with the child support prior to the filing of the divorce petition. In
a contested divorce the receiving parent must make it a point to claim a hansom amount from his or
her spouse as the sum of money for child support is solely concerned with the welfare of the child.
Child custody is well related to child support as the parent who is awarded with child custody is the
one who receives child support from the other parent or the one who gets the visitation rights.
Though alimony is the part of taxable income for the spouse who gets it but on the contrary the child
support is exempted from tax for the person who is granted with the child financial support. The
spouse who is paying the child support already pays the tax levied on the support amount to the
government.
Child support and visitation rights also have a positive effect on the child. Due to frequent meetings
with the separated parent will make him or her believe that he or she is still close to the parent. On
receiving both the emotional and financial support from the other parent will certainly lead to a
feeling that his or her parent still loves and cares for him.
Terms of child custody and support are elaborately mentioned in the Hindu Marriage Act, 1955. If
the child is a minor, the mother is the unanimous receiver of the child custody and support. Children
who are above the age of five, generally it is the mother who is granted with the child custody and
support in case the child is girl while the custody of the boy passes on to the father. Generally child
support is provided to the parent who has won the right of child custody but is not that economically
sound enough to carry on with the maintenance of the child alone. In practice, the mother claims the
child support from the father, who is financially well off.

Dealing with Divorce

Marriage is a sacred institution and divorce is taboo in Indian society. Although the scenario is
changing as the young generation is becoming individual and independent, the word divorce is still
frowned upon in India. Thus dealing with divorce in India needs a lot of emotional stability and
endurance on the part of both the spouses.
Divorce is still not as common in India as it is in western countries. While 50% of marriages in US

end in divorce, 1 out of 100 couples in India seek divorce. Although the rate of divorce in India is not
as high as in Western countries, the number of divorce cases is definitely increasing due to various
social and economical changes.
In modern Indian society the role of female is not limited to the caretaker of household. The new
gen women have attained economic equality to that of men. The concept of compromise in
marriage is gradually fading as women feel economically independent and liberated. Modern Indian
men and women no more believe in marital compromise the way our past generations used to do.
Although the urban population in India has come to terms with divorce, people of older generation
and backward society still consider divorce a taboo. As a result there is lot of mental and emotional
pressure on people who are divorced. A divorced woman is looked down upon and the children of
divorced couple suffer the scorn of society. Thus divorce leaves Indians emotionally and socially
battered. However, post divorce period is not only about maintaining an emotional balance. It is a
phase when you need to have a control over various aspects of your future financial, social, and
legal.
In this article we share a few tips that will help you deal with divorce in India. You can use these
suggestions as a checklist to be followed after you get divorced.
Checklist For Post Divorce Tasks:

Change your surname: If you have acquired the title of your spouse after marriage,
change it back to the original one. This is a legal procedure but very important in order to
show the world that you are once again unmarried.

Communicate the Change: It is advisable that you notify about the change in your
surname to bank, insurance company, in passport, and so on. You should also announce
your new name among your family and friends.

Check the Alimony Details: It is very important that you understand the clause related to
alimony in detail. At what intervals are you going to get the alimony and what will be the
mode of payment are important details to be kept in mind. Also, you must verify after a
certain period whether you are actually receiving the alimony money or not. In case you
have to pay the alimony arrange for the mode of payment.

Close Joint Accounts: Although its implied that you have closed, or withdrawn your name
from joint accounts in the pre divorce stage itself. But if you have not done this earlier
please deactivate any joint account that you have in both of your names.

Withdraw Name From Joint Assets: If an asset is under both of your names, make sure
that it is no more under your joint names. This is applicable for any asset like car, house,
business, or bonds.

Read the Post Divorce Papers Carefully: Although your attorney will explain you
everything, but make sure that you go through the papers yourself and seek any
clarifications that you have. Its going to be a sad situation if you accept any clause without
understanding it and then regret later.

Draft a Financial Plan: financial planning is very important specially if you are a single
parent with the liability of bringing up your children. You must decide how much money you
need and at what point of time. A good financial planning will not let you feel the pinch of a
single parent.

Counsel the children: This is really required in Indian society because when children of
divorced parents go out people pass sarcastic comments about them. You have to prepare
the kids to take it in a controlled manner and not get much affected by what people say.

Divorce in India leaves men and women unsecured and mismanaged. While men find it difficult to
manage the household, women get financially affected. Thus dealing with divorce in India takes a
lot of patience, good advice, and emotional stability.

Adultery Divorce
Adultery is the act of indulging in any type of consensual physical relationship with a person other
than the spouse. An adulterous relationship is established between two individuals who are not
married to each other. Since this correlation is voluntary, it can also be termed as an extra marital
affair or infidelity towards ones partner. While the legal definition of adultery may vary from country
to country but it is considered as a crime and a punishable offence by almost all religions. It is also
regarded as one of the major reasons for divorce by almost all jurisdictions.
Adultery has a reasonably recognized meaning in the marital laws and is considered a valid ground
for applying for divorce if either partner breaches the marital vows and commits an act of infidelity.
Marriage is a highly regarded institution and is both a sacrament and a civil contract & infidelity in
marriage is definitely a sin. Adultery is considered as an offence against marriage by both the Penal
law and the Matrimonial law in India and anyone committing an adulterous act can be punished
under law.
Adultery is counted as a criminal offence and has been placed under chapter XX that deals with
offences relating to marriage. While filing for a divorce on grounds of adultery, substantial evidences
are required to establish it. The grieved party needs to gather significant proofs in support of his/her
case to prove infidelity by his/her spouse. This can be done with the help of a detective agency
which may gather information and photographs which may help the grieved party to prove his/her
spouses adulterous act. The evidences must be significant and related to places and dates where
the adulterous party and co-respondent may have met in isolation.
Usually, there are no direct evidences against adultery and it has to be proven with the help of
circumstantial proofs such as photographs of the spouse with a third person at secluded place where
they may get intimate or at places like hotels where they may get an opportunity for physical
relationship. Since, it is difficult to have an eyewitness to prove an illicit relationship; it can be
proved indirectly by showing evidences such as hotel bills or travel records. Also, their public display
of affection or their letters, SMSs etc. can be also be used as evidence against the offending party.
In India, divorce can be easily granted on the basis of adultery once it has been proved in the court.
Before applying for divorce against adultery, the partner must think of its consequences and life
thereafter. Life becomes more difficult even after obtaining divorce. In India, divorce still carries a
social stigma and if the person concerned is a woman, it becomes all the more difficult for her to
support herself financially. If the separating couple has kids, they are the ones who suffer the most.
Its better to confront your spouse as soon as you become aware of their illicit affair rather than
immediately dragging him/her to court. If its the first time, it is advisable to forgive the very first
act of depraved conduct and give a chance to save your marriage. Especially, if your spouse is ready
to admit the mistake and promises to never repeat it again, then you must reconsider all prospects
to give a second lease of life to your marriage.
Adultery is one of the major reasons for applying for divorce and one can easily obtain divorce on
the grounds of infidelity.

Adultery Indian penal code

The word `adultery has been derived from the Latin term `adulterium and is defined as consensual
sexual relationship between a married woman and an individual other than her spouse. Almost all
religions throughout the world condemn it and treat it as an unforgivable offense. However, this may
not be reflected in the legal jurisdictions of the countries but adultery is recognized as a solid ground
for divorce in all penal laws.

The Indian penal code also recognizes adultery as a crime & a punishable offence. This law comes
under the criminal law of India and has been placed under chapter XX that deals with crimes related
to marriage. The laws as stated in the Indian penal code are:Section-497- Adultery Whoever has sexual intercourse with a person who is and whom he knows
or has reason to believe to be the wife of another man, without the consent or connivance of that
man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of
adultery, and shall be punished with imprisonment of either description for a term which may extend
to five years, or with fine, or with both. In such case, the wife shall not be punishable as an abettor.
Section-498- Enticing or taking away or detaining with criminal intent a married woman
Whoever takes or entices any woman who is and whom he knows or has reasons to believe to be
the wife of any other man, from that man, or from any person having the care of her on behalf of
that man, with intent that she may have illicit intercourse with any person or conceals or detains
with that intent any such woman, shall be punished with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.
These laws were drafted in 1860 when India was under British rule and the condition of Indian
woman was pathetic. During those times, a man couldve several wives and women were socially &
economically dependent on men. Women were treated as an object and considered the property of
men. Thus, while drafting the laws it was presumed that women are hapless victims, not capable of
committing such an offence, instead, it must be a man who will entice her and involve her in an
adulterous relationship. But these laws definitely treat a man and a woman unequally in the
institution of marriage. According to these laws:1. Man is always a seducer and the married woman just an innocent & a submissive victim.
2. Wife is no more than a chattel to her husband & a third person had committed the crime of
intruding upon his marital possession by establishing a physical relationship with his wife.
3. Only the husband of the treacherous woman (or a person who had care of the married
woman) is a distressed party and he is liable to file a complaint against the third party.
4. There is no provision in the law for a woman to file a complaint against her adulterous
husband. If a married man commits adultery with an unmarried woman or a widow or with a
married woman with the consent of her husband, his wife is not regarded as an aggrieved
party and she is not permitted to make any official grievance against her husband.
Considering the changes our society has witnessed in recent times, the Indian penal code must
revise these laws and upgrade them keeping in mind the equality of men & women and enabling
women to have more freedom and liberty in making their choices.

Adultery punishment
Adultery according to the law is the consensual sexual intercourse between a married woman and an
individual who is not her spouse or between a married man and a woman who is not his wife.
Although, adultery is not regarded as a crime according to legal jurisdiction but still it is considered
as a matrimonial offence & a wrongdoing by almost all the religions. The ancient religions like
Hinduism, Islam and Christianity condemn adultery and treat it as a moral & social sin.
The punishment for adultery varies from country to country & region to region. In Southwest Asia,
infidelity has attracted harsh treatments like death sentence. In countries like Iran and Saudi Arabia,
the mode of punishment for adultery is stoning to death. Similar strict laws exist in almost all the
Muslim countries and in most of them, the punishment for fornication & adultery is stoning to death.
However, this method of punishment has made headlines in the recent past and there had been
worldwide protests against such death penalties.
Few East Asian countries like Korea, Taiwan & Philippines still treat adultery as a crime while in
China it is not a crime but amounts to ground for divorce.

Bible also treats adultery as a wrongdoing and has prescribed death as an apt punishment.
According to the Old Testament, And the man that committeth adultery with another mans wife,
even he that committeth adultery with his neighbors wife, the adulterer and the adulteress shall
surely be put to death. But this has changed in due course of time & death penalty is a rare
occurrence in the Christian world. In USA, laws vary from state to state. Although rarely prosecuted,
but adultery is still on the statute books and penalty may vary from a fine of few dollars to even life
sentence. But in US military, it is an impending court-martial crime.
The European Union has decriminalized adultery and people are not prosecuted for committing
infidelity but its a solid ground for divorce. In some south-European countries, adultery is
punishable and penalties up to a life sentence can be given but this is rarely indicted.
The Indian penal code describes adultery as a punishable offence and chastisement & penalty has
been prescribed for committing adultery. The Hindu Marriage Act clearly forbids polygamous
marriages and punishment for those who defy the law. Whoever commits adultery shall be punished
with an imprisonment which may extend to five years, or with fine, or with both. In Indian law
books, adultery is still regarded as the transgression of marital property and treats Indian women as
sufferers & not the ones who may have initiated the act of adultery and thats why they are not
punishable even as abettors.
Marriage is considered as a sanctified relationship and marital vows are meant for both the spouses
to execute their essential responsibilities and remain faithful to each other. Adultery is more of a
social & civil offence and portrays greater capriciousness and unfaithfulness of trust towards not only
the spouse, but the entire family. Adultery is a consequence of collapsing faith and
conscientiousness in a relationship and demands a remedial action rather than a penalizing one. The
punishments imposed by laws may provide relief to the offended party for a short while but it
destroys the sanctity of the marital bond and ruins family life in long term. So although a
punishment have been prescribed under law but is it really wise to keep the offenders behind bars
for their demeanor!