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Divorce and Mutual Consent Divorce

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Mutual Consent Divorce

Hindu Marriage Act
Dissolution of Muslim Marriages Act
Divorce Act
Parsi Marriage and Divorce Act
Special Marriage Act
Foreign Marriage Act

Divorce Page - 1

Breakdown of Marriage has various legal incidences which culminate into various court cases being filed by the warring husband and wife against each other, some of which are:

     Divorce Cases,
     Restitution of Conjugal Rights,
     Judicial Separation,
     Application for Maintenance during pendency of cases and expenses of Court Proceedings.
     Permanent Alimony and Maintenance Cases.
     Custody of the Child and Visitation Rights Cases.
     Dowry Demand CAW Cell and Police Cases.
     Misappropriation of Dowry Articles and Stridhan Cases.
     Domestic Violence Cases claiming right to residence, maintenance, compensation stay, etc.

Here we are discussing about a case, where the husband or wife has decided to take divorce from the other spouse, however, the other spouse for whatever his / her reasons do not want divorce. And hence, the very first obvious question would be:

Q1. How I can obtain divorce?

There are various laws in India governing divorce such as:

     Hindu Marriage Act, 1955
     Muslim Personal Law (Shariat)
     Dissolution of Muslim Marriages Act, 1939
     Divorce Act, 1869
     Parsi Marriage and Divorce Act, 1936
     Special Marriage Act, 1954
     Foreign Marriage Act, 1969

Divorce can be obtained by either of the Spouses (Husband or Wife) under the Law in which their marriage has been performed except in case of Foreign Nationals. For example, if the marriage has been performed between the spouses under the Hindu Law, then their divorce would be governed by the provisions of law under The Hindu Marriage Act, 1955.
And hence, the first thing to decide is – under which law you can file your Divorce Petition?

Read further ...  Divorce Page 2

Read More ... Divorce, Mutual Consent Divorce
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Last Updated: 18 July 2010