How to Apply for Divorce in India Online

Divorce can be a challenging process, but with the advent of online services, it has become somewhat more manageable in India. This blog post aims(Divorce in india online)
Divorce can be a challenging process, but with the advent of online services, it has become somewhat more manageable in India.

to provide a comprehensive guide on how to apply for divorce online, covering various aspects of Hindu and Muslim divorce laws.

Applying for Divorce Online in India

Steps to File for Divorce Online

1. Visit the Official Website: Log on to the official website of your state’s judiciary or the e-filing portal provided by the Government of India. Websites like the eCourt Services allow you to file petitions online.
2. Register Yourself: Create an account by providing your details, such as name, address, and contact information. You’ll need to set up a user ID and password to access the portal.
3. Prepare Documents: Gather necessary documents such as:
   • Marriage Certificate: Proof of marriage is essential.
   • ID Proofs: Aadhaar card, voter ID, or passport.
   • Address Proofs: Utility bills, rental agreement, or Aadhaar card.
   • Photographs: Passport-size photographs of both spouses.
   • Evidence: Any evidence supporting your grounds for divorce (e.g., medical records, police reports, communication records).
4. Fill Out the Application Form: Complete the online application form by entering details about your marriage, reasons for seeking divorce, and other relevant information. Be precise and truthful in your statements.
5. Upload Documents: Scan and upload all the required documents in the specified formats. Ensure that the scanned copies are clear and legible.
6. Pay the Fees: Pay the filing fee online using net banking, debit/credit cards, or any other available method. The fee varies depending on the state and the nature of the petition.
7. Submit the Petition: Once you have filled in all the details and uploaded the documents, submit your divorce petition online. You will receive an acknowledgment with a reference number.
8. Track Your Application: You can track the status of your application online through the portal using your registration number. Regularly check for updates and be prepared to respond to any additional information requests from the court.

Divorce Under Hindu Marriage Act

The Hindu Marriage Act, 1955, governs divorce among Hindus, including Buddhists, Jains, and Sikhs. Here’s an overview of the process and rights involved.

Grounds for Divorce

Under the Hindu Marriage Act, a marriage can be dissolved on various grounds such as:

• Adultery: One spouse has engaged in sexual relations outside the marriage.
• Cruelty: Physical or mental harm inflicted by one spouse on the other.
• Desertion: One spouse has abandoned the other for at least two years.
• Conversion: One spouse has converted to another religion.
• Mental Disorder: One spouse suffers from a mental disorder that makes it unreasonable to live with them.
• Incurable Leprosy: One spouse has been afflicted with an incurable form of leprosy.
• Venereal Disease: One spouse has a communicable venereal disease.
• Renunciation: One spouse has renounced the world by entering a religious order.
• Not Heard Alive: The spouse has not been heard of as alive for at least seven years.

Rights of Hindu Wife After Divorce

1. Maintenance and Alimony: A Hindu wife is entitled to maintenance and alimony. The court decides the amount based on factors such as the husband’s income, wife’s income (if any), lifestyle, and duration of the marriage. The objective is to ensure that the wife can maintain a standard of living similar to what she had during the marriage.
2. Child Custody: The wife can seek custody of minor children. The court considers the best interest of the child while deciding custody. Factors include the child’s age, gender, preference, and the emotional, educational, and medical needs of the child.
3. Property Rights: While the Hindu Marriage Act does not explicitly provide for the division of property, courts may consider the wife’s contribution to the household while awarding maintenance. In some cases, the wife may have rights to a share of the husband’s property or assets acquired during the marriage.

Divorce in Muslim Marriage

Muslim divorce laws are governed by the personal laws applicable to Muslims in India, primarily the Muslim Personal Law (Shariat) Application Act, 1937, and the Dissolution of Muslim Marriages Act, 1939.

How to File a Divorce Petition by a Muslim Husband?

Muslim husbands can divorce their wives by pronouncing Talaq. The process involves:

1. Talaq-e-Ahsan: This is the most approved form of divorce, where the husband pronounces Talaq once during a tuhr (period of purity). After the iddat period (three menstrual cycles), the divorce becomes final if reconciliation does not occur.
2. Talaq-e-Hasan: The husband pronounces Talaq during three successive tuhrs. The marriage dissolves if reconciliation does not occur by the third pronouncement.
3. Talaq-e-Biddat (Triple Talaq): This form of divorce, where the husband pronounces Talaq three times in one sitting, was declared unconstitutional by the Supreme Court of India in 2017.

Dissolution of Muslim Marriage by Husband

A husband can dissolve the marriage by:

• Talaq (Repudiation): Pronouncing Talaq as per Islamic law.
• Ila (Vow of Continence): The husband vows to abstain from any sexual relations with his wife for a period of four months.
• Zihar (Injurious Assimilation): The husband compares his wife to a close female relative, like his mother or sister, making her unlawful to him unless he performs an expiation.

Muslim Wife Rights After Divorce

1. Mahr (Dower): The wife is entitled to the mahr agreed upon at the time of marriage. It is a mandatory payment by the husband to the wife and can be prompt or deferred.
2. Maintenance (Iddat Period): The husband is obligated to provide maintenance during the iddat period. The iddat period lasts for three menstrual cycles, or if the wife is pregnant, until the birth of the child.
3. Mata’a (Compensation): Post iddat period, the wife may seek Mata’a, a one-time settlement for subsistence, depending on the husband’s financial status and the circumstances of the divorce.

Latest Judgements on Muslim Divorce

Recent judgements have significantly impacted Muslim divorce laws in India:

• Triple Talaq Ban: In 2017, the Supreme Court of India declared Triple Talaq unconstitutional. The judgement emphasized the need for gender justice and equality, leading to the criminalization of the practice through the Muslim Women (Protection of Rights on Marriage) Act, 2019.
• The Muslim Women (Protection of Rights on Marriage) Act, 2019: This act criminalizes the practice of instant Triple Talaq and provides for the rights of Muslim women. The act ensures that the husband who pronounces Triple Talaq is liable to imprisonment and fine, and the wife is entitled to maintenance and custody of children.

Divorce Rate in India

The divorce rate in India is comparatively low but has been gradually increasing. Factors contributing to the rise in divorce rates include urbanization, economic independence of women, changing social norms, and increased awareness of legal rights. According to various studies, metropolitan cities have higher divorce rates due to the fast-paced lifestyle, stress, and evolving societal expectations.

Conclusion

Understanding the legal processes and rights involved in divorce can help individuals navigate this challenging phase more effectively. Whether under Hindu or Muslim laws, the Indian judiciary provides various mechanisms to ensure fair treatment and justice for all parties involved.

By following the steps outlined above and being aware of your rights, you can approach the divorce process with greater confidence and clarity. Remember to seek legal advice to ensure that your interests are adequately represented and protected.