Divorce under Hindu law is classified into two types : #
- Mutual Divorce (Divorce filed by both husband and wife)
- Contested Divorce (Divorce filed by any one of them or one sided Divorce)
Read below both divorce in brief :-
- What is Mutual divorce?
Under the Hindu Marriage Act, Mutual divorce is governed by Section 13-B. As the name suggests, in mutual divorce, both the parties i.e. husband and wife mutually agree and express or give their consent for peaceful and mutual separation.
The husband and wife have to predetermine the issues relating to alimony and child custody if any.
There are only two requirements for filing a mutual divorce, one is mutual consent and the other is that they have to live separately for at least one year.
- What is Contested Divorce?
When divorce is filed or initiated by single or either spouse it is known as a Contested Divorce.
Section 13 of the Hindu Marriage Act, 1955 provides the grounds for filing a contested divorce, some of which are, cruelty, conversion of religion, unsound mind, communicable disease or either spouse is unheard of more than seven-year.