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Divorce in India – Legal Process & Your Rights

  • Bhavya Shah
  • Jul 8
  • 1 min read

Introduction

Divorce can be emotionally difficult, but understanding your legal rights can make the process smoother and fairer. In India, the law provides both mutual and contested divorce options, depending on the situation.

Types of Divorce

  • Mutual Divorce: Both parties agree to separate. The process is faster and usually takes around 6 months.

  • Contested Divorce: One partner files against the other based on valid grounds like cruelty, desertion, or adultery.

Legal Rights You Should Know

  • Right to Maintenance: A spouse (usually the wife) may be entitled to financial support.

  • Child Custody: Courts decide based on the child’s best interest—not just the parent’s request.

  • Property Rights: Division depends on ownership documents. Joint property can be claimed or contested.

What You’ll NeedDocuments like marriage certificate, identity proof, address proof, and any proof of claims (e.g., abuse, financial records) are essential.

 
 
 

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