Divorce in India.
There are two kinds of divorce in India one is contested divorce and the other one is the mutual consent divorce.
In the contested divorce the divorce proceedings are ugly and time consuming, apart from other proceedings your wife can lodge 498a, which is a terror on Indian men, its a criminal offence and is widely misused here are some guidelines if you are a victim of this. Here is another help a step by step method to solve 498a. There are many judgments in the favor of Indian men to get out of 498a. Quashing of 498a is another option. These days mediation is also helpful to fight this legal terrorism.
Other proceedings is maintenance u/s 125 crpc, read here to know about it and there are many ways to reduce this maintenance, even the order of interim maintainence can be challenged. Other proceedings includes the domestic violence proceedings which is also a misused provision when divorce is a contested on.
sometimes its better to give divorce to get out of legal complications.
The mutual consent divorce is the fastes way to get divorce, there are two motions which needs to pass after 6 months of first motion second motion must be filed within 18 months, 1 year separation is mandatory to get this form of divorce. Only SC can waive of 6 months period between 1st and second motion.
The divorce in India is bit complicated with women centric laws, its tough fight for men to contest a divorce in India.
Thanks & Regards,
Adv. Nitish Banka
9891549997
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997
