essay on divorce in india

Divorce in India: A Comprehensive Analysis, Relevant Cases, and Remedies

Factors leading to divorce:, some of the most common grounds for divorce in india include:.

• Mental disorder
• Venereal disease
• Irretrievable breakdown of marriage

Mohanlal v. Smt. Pushpaben (1973):

Mohd. ahmad khan v. shah bano begum (1985):, sharda v. harishchandra (1988):, sarla mudgal v. uoi (1995):, k.s. puttaswamy v. union of india (2017):, kusum sharma vs mahinder kumar sharma (2020):, remedies and legal procedure:, mediation and counseling:, strengthening family support systems:, awareness and education:, reforming divorce laws:, challenges and solution, law article in india, please drop your comments, you may like.

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Divorce, Families and Adolescents in India: A Review of Research

2019, Journal of Divorce & Remarriage

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Recent studies and research approve the decline in rate of marriage and increase in divorce throughout the globe. Although divorce is an abominable act both culturally and spiritually that is dealt in disgusting and almost opposing manner, yet is found vis-à-vis marriage in variety of forms following numerous causative factors. Divorce is mainly caused by the commission of adultery by one partner or both, rushing into marriage, two people simply growing apart, or ultimately, marriage not being taken seriously in the first place. Relationally, the ratio of divorce among * Associate Professor and Chairman Department of Sociology University of Malakand, Pakistan ** PhD Scholar/Lecturer in Social Work University of Malakand, Pakistan *** Lecturer Department of Sociology, AIOU, Islamabad, Pakistan Journal of Social Sciences and Humanities: Volume 24, Number 2, Autumn 2016 12 Pakhtunsis also increasing due to rapid social change and modernization. However, people of the area strive to avo...

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Divorce in India: A Comprehensive Guide to Navigating the Legal Process

Welcome to our comprehensive guide on divorce in India. We understand that going through a divorce can be a challenging and emotionally taxing experience, and it’s crucial to have access to accurate information to navigate this process effectively. In this article, we aim to provide you with a detailed overview of divorce in India, including its legal aspects, procedures, and important considerations. Let’s delve into this topic further.

Table of Contents

Types of Divorce in India

Divorce in India can be classified into two types: mutual and contested. Mutual divorce is when both spouses agree to end the marriage and file a joint petition, reaching a settlement on various issues. Contested divorce is when one spouse initiates divorce proceedings without the other’s consent, and the court decides on matters like custody and property division. Mutual divorce is faster and amicable, while contested divorce is lengthier and often more adversarial.

Key Differences between Mutual divorce and Contested Divorce in India

Divorce laws in india.

In India, divorce laws vary depending on the religion and personal laws of the individuals involved. Hindu Marriages are governed by Hindu Marriage Act . Grounds for contested divorce are mentioned under  Section 13 of the said act. Conditions for mutual consent divorce are mentioned under Section 13B of the act. Similar provisions exist in other acts like the Divorce Act, 1869 (for Christians), the Parsi Marriage and Divorce Act of 1936  (for Parsis) and the Special Marriage Act of 1954 (for couples of different religion).

General step-by-step Process for Mutual Divorce in India

• Filing the Joint Petition : Husband and wife need to contact an advocate to prepare their joint petition which contains all the terms related to property division, child custody , maintenance and alimony . The petition is then filed in the court.
• Verification and Counselling : The court may schedule a date for verification and counselling, where both parties will need to appear. This session aims to ensure that the decision for divorce is voluntary and informed. The court may also attempt to reconcile the spouses during this process.
• Final Hearing and Decree : After the verification process, the court will schedule a final hearing. Both parties must be present, and the court will review the terms of the divorce settlement. If satisfied, the court will grant a decree of divorce, officially dissolving the marriage.

For detailed process of mutual divorce case as being followed in metro cities of India, click Stepwise Process Mutual Divorce .

General step-by-step Process for Contested Divorce in India

• Consultation with an Attorney : Seek the advice of a qualified family law attorney who specializes in divorce cases. They will assess your situation, explain the legal process, and guide you on the necessary steps to file a contested divorce.

Adultery : It refers to a spouse engaging in a voluntary sexual relationship outside the marriage. If one party can prove the other’s adultery, it can be a valid ground for divorce.

Cruelty : It can be physical or mental, and it must be of such a nature that it makes living together intolerable. Acts of violence, harassment, or mental torture can be cited as grounds for divorce based on cruelty. Most of the cases of divorce are filed on the ground of cruelty. To know more about cruelty as a ground for divorce, refer these judgments on cruelty .

Desertion : It occurs when one spouse abandons the other without reasonable cause for a continuous period of at least two years. The deserted spouse can file for divorce on this ground.

Conversion : If one spouse converts to another religion, it can serve as a ground for divorce if the other party does not wish to continue the marriage.

Medical Disorder : If a spouse suffers from a medical disorder or has been diagnosed with an incurable illness, the other spouse can seek a divorce on this ground.

• Filing the Divorce Petition : The divorce petition, along with the necessary supporting documents, must be filed at the appropriate Family Court or District Court having jurisdiction over your case. Filing fees must be paid as per the court’s rules.
• Response and Counter-Statement : The other party has the opportunity to respond to the divorce petition by filing a written response, called a counter-statement. They may accept or contest the grounds mentioned in the original petition.
• Examination and Cross-Examination : The court will schedule hearings for the examination and cross-examination of the parties and any witnesses. Both parties will be given an opportunity to present their side and provide evidence to support their claims.
• Mediation and Settlement Discussions : In some cases, the court may refer the parties for mediation or settlement discussions to explore the possibility of resolving disputes amicably. The aim is to reach a mutually agreeable settlement on issues like child custody, alimony, and property division.
• Trial and Final Judgment : If the parties are unable to reach a settlement, the case proceeds to trial. Both parties present their arguments, evidence, and witnesses before the court. The court will evaluate the evidence and make a final judgment on the divorce and related issues.
• Appeals (if applicable) : If dissatisfied with the judgment, either party may have the option to appeal the decision within a specified time frame. The case will then be reviewed by a higher court.

Navigating the process of divorce in India can be complex, but having a clear understanding of the legal aspects, procedures, and considerations can significantly help. The choice between mutual divorce and contested divorce in India is a crucial decision that depends on the specific circumstances and dynamics of each individual case.

Mutual divorce offers a path for couples who are willing to cooperate and reach an agreement on the terms of their separation. It can be a quicker and less emotionally taxing process, allowing the parties to maintain a level of control over the outcome. On the other hand, contested divorce may be necessary when there is a lack of mutual consent or significant disputes regarding various aspects of the divorce . Although it can be a more time-consuming and adversarial process, contested divorce provides an opportunity for individuals to seek legal intervention and have their interests protected by the court.

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11 faqs about the divorce procedure in india.

In this article on divorce procedure in India, we address some frequently asked questions on the divorce rules and divorce laws in India.

Did you know that India has the lowest divorce rate in the world ? Only 13 out of 1,000 marriages in India, a mere 1 per cent, end in divorce.

This is not a good thing, especially for abused women, who often have no way out of a marriage and anticipate a difficult life after divorce in India because of social stigma and financial dependence on the man.

That’s why women need to know their rights, understand the grounds for divorce in India, what they’re entitled to, and how to apply for divorce in India. Knowing all this will help give them the confidence to file for divorce, especially in cases of domestic abuse and cruelty .

The divorce procedure is a very critical situation for both husband and wife. It affects the couple emotionally and financially. It is very important for both the husband and wife to be aware of their rights regarding marriage and divorce in India to enable a peaceful settlement.

There are a number of frequently asked questions that lawyers get from couples heading for a divorce, such as how to get a divorce in India, how long does a divorce take in India , and other queries about divorce formalities in India.

Any questions and doubts about divorce rules in India should always be cleared up with the help of divorce lawyers in India as the answers depend on the couple’s unique circumstances.

Join the SHEROES app for women and attend regular live chat sessions with legal experts like Adv Megha Batra who took queries on “ Divorce – all your legal rights and legal process .”

1. What are the woman’s rights after divorce in India?

The rights to which an Indian divorced woman is entitled after the divorce process include:

• Right to Streedhan

Streedhan refers to all the gifts the wife received in the form of money, ornaments, property , at the time of the marriage.

A wife has ownership rights to her streedhan i.e. the gifts and money received by her from her in-laws and family, even though they are in the custody of her husband.

It differs from dowry, which is illegal and usually acquired by force, while streedhan is voluntary in nature.

It does not matter who has custody of the Streedhan since, as per Indian law, the wife is the owner of the Streedhan .

• Right to maintenance/alimony

Another right of a woman in divorce in India is the maintenance amount the husband has to pay to the wife after the divorce process. It is either paid in a lump sum or on an annual or monthly basis.

Maintenance awarded varies from case to case, depending upon the income of the husband, income of the wife, their living standards during the marriage and other factors.

• Right against bigamy

Until the divorce proceedings are completed, the wife has the right to be the only wedded wife, which means the husband cannot legally remarry. The wife has the right to a monogamous relationship.

• Interim maintenance

A wife can demand interim maintenance at any time during the pendency of the suit. This maintenance is granted to her to fulfil her basic needs. She can also ask for the litigation fees i.e. the lawyer’s fees if the husband is better-off financially than her.

• Right to residence

A wife has the right to reside in her matrimonial home to which she was brought after marriage.

Whether the house belongs to the in-laws or is joint family property or ancestral property or rented property, the wife has a right to reside in it.

• Right to live with respect and dignity

Every woman either divorced or in a marriage has the right to live with respect and dignity. Article 21 ensures this right to every individual.

The woman can file for a divorce on the grounds of cruelty if she is not respected in the marriage. She can also file an application for domestic violence if she is forced to pay a dowry or is ill-treated.

She can also file a complaint under Section 498-A IPC if she is ill-treated physically as well as mentally.

• Right to ask for child maintenance

Child custody is decided on the basis of the welfare of the child. Even the mother gets the child custody, she has the right to ask for maintenance for the child from her husband.

• Right to file a case against domestic violence and dowry demands

If the wife is facing domestic violence and dowry demands, she can file an application under the Domestic Violence Act and the Divorce Act. She can file for divorce on the grounds of cruelty, which is one of the most common reasons for divorce in India.

Grounds for divorce can be established if she is mentally and physically tortured by her husband and her in-laws, following which she can file a complaint under Section 498- A IPC.

A woman must be aware of all her legal rights while opting for a divorce. A divorce lawyer can enlighten the woman about her rights after divorce.

If a woman living in Kolkata is unaware of her rights after a divorce, she should take the help of a divorce lawyer in Kolkata to help with her divorce proceedings in India.

2. Do I need a lawyer in divorce mediation?

Another common question that couples ask is whether they need to hire a lawyer for divorce mediation.

Mediation is a common process of getting a divorce these days. It is an out-of-court settlement where both the parties commonly reach a settlement with the help of a mediator.

It can either be court directed or a self-driven process. A divorce lawyer can help the divorce procedure in the following manner during the divorce mediation:

• A divorce lawyer helps in understanding the rules and procedure of mediation. She will further help you with the question of whether mediation will be beneficial in your case.
• She helps in selecting a mediator if the mediator is not chosen by the court.
• She helps in preparing your arguments for divorce mediation and points out the areas of settlements.
• She helps in reaching a fruitful settlement where both parties are in a win-win situation.
• She helps in evaluating the missing details which might lead to a conflict in the future.
• She helps in the formal documentation after the settlement. Proper documentation helps in avoiding future disputes.

It is important that you cross-check all the legal documents after settlement with your lawyer before signing them.

It is important to appoint a lawyer who has a comprehensive knowledge of divorce laws in India and prior divorce mediation experience.

3. Can both parties hire the same lawyer in a joint petition for divorce?

A joint petition for divorce is filed by the parties in the case of a mutual consent divorce, where both parties agree to the terms of the agreement.

The parties opting for a mutual divorce process in India can hire a common advocate who can help them jointly file an affidavit to get a divorce.

But if the partners do not agree on certain terms, they can hire separate lawyers who can contend on their behalf.

If both the parties mutually agree on the terms of the divorce, then a common advocate can help them in filing an affidavit in the court to obtain a mutual consent divorce.

A good divorce lawyer can guide you with the mutual divorce procedure in India, and ensure terms that are in your favour.

4. What are the required documents for divorce in India?

According to the procedure to get a divorce in India, there are a number of documents that must be submitted in order to file the divorce petition.

Here are the documents for divorce in India that both parties need to submit:

• Proof of residence
• Marriage certificate or photograph of the marriage ceremony, wedding card.
• ID Proof (Passport, Voter’s Card, Ration card, Aadhar Card)
• Passport size photographs
• Signed joint statement on the first date of the hearing/first motion
• Copy of child custody agreement, if any
• Copy of agreement of alimony/maintenance, if any
• Copy of agreement of Streedhan/ wife’s property , if any

5. Can I get a divorce without my spouse’s signature?

If one of the spouses is yet to sign the divorce papers, then the party wishing to get a divorce can contest the same.

The divorce can be filed if the husband/wife has treated his/her spouse with cruelty, or has deserted them for more than 2 years, or has renounced the world, or is having an affair with someone else or his whereabouts are not known for 7 years.

In case of a contested divorce, if the other party refuses to appear before the court or cannot be found, then the party can file an application for an ex parte divorce.

The term ex parte means without the presence of the other party. In an ex parte divorce proceeding, only one party is present. The other party either refuses to participate or cannot be located.

Nobody can be forced to be in a marriage, and hence the court passes the ex parte order when the other party refuses to cooperate and attend the court proceeding even after receiving the summons or notice.

6. Can 498a be filed after divorce?

The SC in a recent case, Mohammad Miyan vs. State of Uttar Pradesh , has held that if a woman files an FIR under Section 498A after a long undue delay, then her complaint will not be sustainable. In this case, the woman had filed the complaint under Section 498A IPC after 4 years of her divorce.

This judgment makes it clear that there must not be an undue delay in filing an FIR under Section 498A IPC. If a woman is being subjected to cruelty during the course of her marriage, she must consult a lawyer and learn about her rights.

7. How can I register a foreign divorce in India?

The Supreme Court, in the case of Y Narasimha Rao and Ors. Vs. Y. Venkata Lakshmi and Anr , has laid down various conditions which are required to be fulfilled to validate a foreign divorce decree in India. These include:

• The divorce must be granted on grounds recognised by Indian Courts like cruelty, desertion, adultery, etc.
• It must be in conformity to the Indian Laws. It must not breach them.
• The court must have the jurisdiction to deal with the case.
• The divorce must be given on merits – that means after evaluating the facts and circumstances of the case.
• The decree must not be obtained by force and principles of natural justice i.e. right to be heard and the fair process must have been followed.

The decrees passed by the foreign court can be executed in the Indian courts by filing an execution under Section 44A CPC.

If the divorce decree is not passed by reciprocating territory then a suit on the decree needs to be filed and the decree acts as evidence in the case.

8. Is sexless marriage grounds for divorce in India?

The Delhi High Court in a case has ruled that denying sexual intercourse to the spouse for a long duration without sufficient reason amounts to mental cruelty and is grounds for divorce in India. Impotency is also valid grounds for divorce.

The court has dissolved marriages on the ground of it being a sexless marriage. However, in one case, the court has also held that while “sexual intimacy” is a key component in a lawful marriage and a sexless marriage is an anathema (meaning offensive), marriage is not a contract for legal sexual gratification.

”It does not mean that a man has unfettered right to demand and commit sexual intercourse with his wife without her consent or approval, nor it implies that the husband is in a dominant position to impose himself upon the wife. The husband cannot indulge in sexual intimacy in such a manner that is discomforting to the wife to her body, mind and soul,” said the court.

9. How to file for an online divorce application in India?

Because of the increasing divorce rate and how long it takes to apply for divorce in India, the process of online divorce application is now allowed in the case of mutual consent divorce in India.

You can apply for an online divorce yourself or through a divorce lawyer . However, is always advisable to apply for divorce in India through a lawyer even in case of an uncontested divorce.

If the legal procedure for divorce in India is not handled properly, problems can arise later. For a contested divorce in India, you must file a divorce petition in court with the help of a lawyer.

10. How can I obtain a copy of the divorce decree?

In order to get your divorce papers or decree, you need to visit the court premises and make an application to the court registrar for obtaining a copy of the divorce decree.

You have to pay the nominal fees and state whether you require the decree urgently or not. In due course of time, you will receive a certified copy of the decree.

11. What is the difference between a family lawyer and a divorce lawyer?

Family law is a broad area in which divorce is a facet. Family law includes succession, partition, marriage, surrogacy, etc.

In India, family law is a field that has a combination of personal laws that deal with different religions. Different personal laws include – Hindu Marriage Act, the Indian Succession Act, Hindu Succession Act, Parsi Marriage Act, and others.

Though the terms family lawyer and divorce lawyer are used interchangeably they are not the same. Family law is a broader term.

A family lawyer may have the ability to handle divorce cases, but this is not the same for a divorce lawyer who may or may not be able to handle other family-related matters.

So, it is important to hire a good divorce lawyer with past experience in varied divorce case laws in India, as filing for divorce in some cases can be a complex matter.

While some divorce cases in India have a criminal element to them, others require mediation. It is important that the lawyer must have prior knowledge in the field of child custody, maintenance and alimony issues, and other factors.

I hope this article has answered some of your questions on the new rules for divorce in India, divorce steps in India, and how to file for divorce in India.

Life after divorce for women in India is not easy. Neither is remarriage after divorce in India. But that’s no reason to stay in a bad marriage.

If you’re in an unhappy marriage and have decided to file for divorce, consult a divorce lawyer and find out how to apply for divorce in India.

Disclaimer: The information provided on this website is not intended as legal advice and may not constitute the most up-to-date legal or other information. All information and content on this website are for general information only.  We do not recommend that you take action on the basis of information on this website without legal counsel. Always consult a lawyer for advice on any legal matter. Only your lawyer can provide accurate information regarding your particular situation. Use of this website, or the links or resources contained therein, do not constitute an attorney-client relationship between you and the authors or publisher.

Author Bio:

Priti Sharma is an avid reader with a penchant for writing. She has over 4 years of experience as a freelance content writer.

Disclosure: This blog contains affiliate or sponsored links. For more information, read our disclosure .

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What is the Divorce Procedure and Divorce Types in India?

What is Divorce?

Divorce is a dissolution of marriage through a legal process by filing a petition in a court of law. When a court passes a divorce decree, it brings an end to the matrimonial alliance of spouses and therefore terminates all the marriage. Along with the separation of husband and wife, it also involves the division of property, assets, and the issue of custody of the child. Divorce procedures and laws in India vary with each religion.

Table of Content:

What are the types of divorce under Hindu law?

What is the concept of ‘irretrievable breakdown of marriage’, what are the grounds for obtaining a contested divorce , where is the petition of divorce to be filed, what is the procedure for mutual consent divorce in india.

• What are the documents required for a mutual consent divorce in India?

What is the procedure for a Contested Divorce in India?

What are the documents required for a contested divorce in india, what are the grounds and procedures for a divorce under the muslim law in india, is triple talaq a valid form of divorce, what are the documents required for a divorce under the muslim law in india, what are the grounds and procedures for a christian divorce in india, what are the documents required for a christian divorce in india, what are the grounds and procedures for divorce under the parsi law in india, what are the documents required for a divorce under the parsi law in india, can a filed divorce petition be withdrawn , what are some important aspects of divorce.

Divorce under Hindu law is classified into two types :

Mutual d ivorce: 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 their consent for peaceful 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. 

Contested Divorce: When divorce is initiated by either spouse it is termed 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.

Irretrievable breakdown of marriage simply means that the spouses are unable to live happily and comfortably together. When the relationship reaches an extent from where it is impossible to repair the marriage, it is termed is irretrievable breakdown of the marriage. Certain situations like there is no affection between the husband and the wife, the couple are living separately, there are frequent quarrels or either one of the spouses is having an extramarital affair, leading to the breakdown of the marriage. 

As of now, there is no codified law that provides for the irretrievable breakdown of marriage as a ground for divorce. It is different from mutual consent divorce, as it does not depend on the volition of parties but is examined by the court whether the marriage can be saved or not based on facts and evidence. 

The Supreme Court has observed “Divorce cannot be granted just on the grounds of irretrievable breakdown of the marriage if the party seeking divorce on this ground is himself or herself at fault. It can be granted in those cases where both the parties have leveled such allegations against each other that the marriage appears to be practically dead and the parties cannot live together."

Section 13 of the Hindu Marriage Act, 1955 expounds grounds on which contested divorce can be obtained.

Adultery- It is a criminal offense where either of the spouses is involved in sexual relations with someone out of the marriage.                         

Cruelty- It is defined as a willful act that can cause danger to body, limb, life or to mental health. It can include causing pain, abusing, torturing mentally or physically.

Desertion- When a spouse willfully abandons another without any intention of coming back, it is known as Desertion. Desertion for more than two years could be a valid ground for divorce.

Religion Conversion- In a Hindu marriage, if either of the spouses ceases to be a Hindu then it can be considered as a ground for divorce.

Mental Disorder-  Mental disorder includes unsoundness of mind, mental illness, or such mental disorder which makes the person abnormally aggressive.

Communicable Diseases and Leprosy- Leprosy is a contagious and chronic disease that causes lesions on skins and nerve damage.

Spouse not heard of-  If either of a spouse is not heard of for more than seven years, then it can be considered as a ground for divorce.

Renunciation of the world- Under the Hindu Law, the “Renunciation of the world” is a ground for divorce, if either of the spouses has renounced the world and has entered a holy order. 

There are three other grounds for divorce available only to the wife which are:

Husband has been guilty of rape, sodomy or bestiality.

The wife was married before the age of fifteen.

A decree or order has been given by court awarding maintenance to the wife and they have not been living together for more than one year

According to Section 19 of the Hindu Marriage Act, 1955, the petition of divorce can be presented to the District Court within the local limits of whose ordinary original civil jurisdiction:

the marriage was solemnized, or (the place where the marriage ceremony was duly performed.)

• the respondent, at the time of the presentation of the petition, resides, or (If both the parties are filing for divorce through a joint petition, then either of them can be respondent, so a petition can be filed at either place of residence.)
• the parties to the marriage last resided together, or (Suppose a husband and wife lived together at a different place other than their initial residence then they can file a petition in a court having jurisdiction over that place. Last resided means that they must have lived there for a substantial amount of time and not just visited the place for any occasion.)

in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or (This subsection carves out an except to section(iii) providing benefit to the wife. In case the petitioner is a wife then she can file the divorce petition at the place where she is residing.)

• the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive. (This is a very crucial ground as it gives liberty to either spouse to file a petition at his/her place of residence in case their spouse has deserted them or is beyond the jurisdiction of the Indian courts.)

Following is the procedure to file for mutual divorce in India:

STEP 1: Draft a petition stating the reason for seeking a divorce and both the parties have agreed on it.

STEP 2: File the petition jointly through respective lawyers before the family court.

STEP 3: The court after the examination of the petition along with the documents will pass on the order for the recording of the statement on oath.

STEP 4: After this, a cooling period of six months’ time is given to the parties in the hope of their reconciliation.

STEP 5: Post 6 months, if there is no reconciliation, both the parties need to appear for the final hearing. (Parties have to appear for the second motion within 18 months from the date of filing the divorce petition.)

STEP 6: In the final hearing, the court passes the divorce decree dissolving the marriage

What are the documents required for a mutual consent divorce in India?

Documents required for a mutual consent divorce are:

Residence Proof of Husband and Wife

Marriage Certificate

Photographs of Husband and Wife

Proof to show that mediation was unsuccessful and the parties couldn’t be reconciled.

Evidence to show that husband and wife have been living separately for more than one year

Details of husband and wife profession and present incomes.

Income tax statements of three financial years.

Information regarding the family background of the couple.

Details of the property and assets owned by the spouse.

The contested divorce is filed by either spouse based on the grounds mentioned above. The following are the steps to file for a Contested Divorce in India.

STEP 1: Draft a petition clearly stating the facts and grounds for seeking a divorce. This petition is filed before a family court having jurisdiction along with affidavits, vakalatnama, and documents relevant to the case.

STEP 2: If the court is satisfied after scrutinizing the petition and decides to move with the case, it sends a notice or summons the other party to appear on a decided date along with his/ her lawyer. 

STEP 3: At this stage, the court will suggest parties for mediation and if the mediation fails to resolve the issue, the court will continue with the divorce proceedings.

STEP 4: On a fixed date, both the parties will appear before the court, record their statements, submit evidence, get cross-examined and will present their witnesses if any. Then the counsels from both sides will present their final arguments.

STEP 5: At last, the court on a fixed date will deliver the verdict and pass a divorce decree. The aggrieved party can appeal to the order passed within 3 months from the passing of such order.

Documents required for a Contested Divorce in India are:

Residence proof of husband and wife

Documents related to the financial status of husband and wife like income certificate, tax returns, etc.

Marriage certificate

Documents proving the ground on which divorce is being filed.

There are two processes to seek a divorce under the Muslim Law in India.

Judicial Process by The Dissolution of Muslim Marriages Act, 1939 :

Section 2 of the said Act specifies the following grounds on which the Muslim women can seek a divorce in India:

The whereabouts of the husband have not been known for at least four years

The husband failed to provide maintenance for at least two years

The husband has been sentenced to imprisonment for at least seven years

The husband failed to comply with his marital obligations for at least three years without any reasonable cause

The husband was impotent at the time of marriage or suffering venereal diseases or have been of unsound mind for at least two years

The husband treated his wife with cruelty or was married before the age of fifteen

Extra-Judicial Process:

Talaq-e-Biddat or Triple talaq is no more a valid form of divorce. Under Section 3 of The Muslim Women (Protection of Rights on Marriage) Act, 2019, triple talaq is held as void and illegal. Section 2(c) of the same act, defines that talaq under this act constitutes a talaq-e-biddat or similar form of talaq which is instantaneous. Hence, triple talaq oral or written or in electronic form shall be considered an illegal and cognizable and non-bailable offence under this act. 

Following are the documents required for a divorce under the Muslim Law in India:

Residence Proof of husband and wife

Income tax returns of at least two financial years

Documents relating to assets owned 

Evidence relating to allegations made like medical reports in cases of cruelty or venerable diseases.

Under Section 10A of the Indian Divorce Act, 1869, there are two ways to file a Christian  Divorce in India.

Mutual Divorce: If the parties mutually agree that they have not been able to live together peacefully and have been living separately for at least two years then they can file a petition for dissolution of marriage before the district court.

Contested Divorce: A petition can be filed before the District Court either by the husband or wife on the following grounds, 

ceased to be Christian 

unsound mind for a continuous period of not less than two years 

suffering from a virulent and incurable form of leprosy for least two years

not been heard of as being alive for a period of seven years or more 

willfully refusing to consummate the marriage

failed to comply with a decree for restitution of conjugal rights for a period of two years or more

deserted for at least two years

cruelty or husband is guilty of rape, sodomy or bestiality.

Following are the documents required for a Christian Divorce in India:

Marriage Certificate 

Current employment status and salary

Parsi Marriage and Divorce Act, 1936 enumerates the grounds on which marriage can be annulled, dissolved or divorced.

Section 30- If there are such circumstances arising out of natural causes making it impossible to consummate the marriage, either party can obtain nullity of marriage.

Section 31- If either of the spouses hasn’t heard of his/her husband/wife for more than seven years from persons who would have naturally known of him/her, then the marriage can be dissolved.

Section 32- This Section lays down the following nine grounds on which a person can sue for divorce. 

The other party willfully refuses to consummate the marriage within one year of ceremony.

If the person at the time of marriage was unaware that another party was of unsound mind, then the divorce can be instituted provided it is filed within three years from the date of marriage.

If the wife at the time of marriage was pregnant by another person and the husband didn’t know, then the divorce can be obtained within two years of marriage provided that there has been no marital intercourse.

If either of the spouses has been treated with cruelty, forced to prostitution, has been willfully hurt or another spouse has committed bigamy, rape, unnatural acts, adultery or is infected with venereal disease, then the divorce can be filed within two years.

If the other party is undergoing imprisonment for more than seven years and has already served one year of the sentenced punishment then the divorce can be filed.

If either of the spouses has deserted (i.e. willfully left with no intention of coming back and such act is not initiated by the other spouse) the other spouse for more than two years or has given up his religion.

Section 32B – This section provides for divorce by mutual consent provided that the consent has not been obtained through force or fraud.

In India, Parsis can initiate divorce only before Special Courts constituted under Section 19 and 20 of the Parsi Marriage and Divorce Act, 1936. Such courts are presided by officials knows as delegates who are Parsi and also it is a must to register the divorce at the registrar office.

Following are the documents required for a divorce under the Parsi Law in India:

Photographs

Address proof of both the parties

Income Tax returns

Marriage certificate issued by the registrar 

Financial statements

Details relating to movable and immovable properties owned by the parties

Yes, the divorce petition can be withdrawn at any time. You can either file an application for withdrawal or you can appear before the judge where your divorce has been filed and express your intention to withdraw the case with reason. 

A divorce settlement often leads to one or all of the following –

1. Child Custody:

After the breakdown of the marriage, child custody is one of the most sensitive cases to be dealt with because in this case, children are the ones who suffer the most. Courts take certain factors like the welfare of children, financial condition, safe environment, education into consideration before granting the custody to either of the party. Custody can be of following types:

Physical Custody – The child shall be living with one of the parents, and the other parent can visit and meet the child. This type of custody makes sure that the child has a safe and healthy environment to grow.

Joint Custody – Instead of living with one parent, the child can live with both parents in rotation. The time duration can be decided by the parties or the Court. It helps the child to be in touch with both the parents.

Legal Custody – The parent who has legal custody means that he/she has the right to take a decision for his/her children. Generally, legal custody is given to both the parents, unless, the court thinks that there will be a conflict between the parents and they would never agree with each other.

Third-Party Custody – If neither the father nor the mother is fit to take care of the child, the court can appoint the third party to act as guardian.

Statutory Provision – The legal framework includes the personal law and secular law known as Guardians and Wards Act, 1890. 

2. Maintenance/Alimony

Maintenance or alimony is the financial assistance provided by the husband/ wife to his/her spouse. It could be a lump sum one-time payment or paid at intervals and can be either permanent or temporary. Apart from personal law, a person of any religion can claim maintenance under Section 125 of Cr.P.C. 1973. Under this section, an order can be passed directing the husband to provide financial assistance to his parents, wife or his legitimate or illegitimate children.  

“Mere fact that the wife is earning, doesn’t relinquish the husband right to provide maintenance. Husband is still under an obligation to pay maintenance if her income is not sufficient enough to sustain”, says Advocate Sanjay Sandhu .

3. Property Division

Generally, under current law, the wife doesn’t have rights over the husband’s property after the divorce. Under Section 27 of the Hindu Marriage Act, the court is empowered to pass an order with respect to property jointly owned husband and wife. But the law is silent on the disposal of separate property. However, through Marriage Law’s (Amendment) Bill 2013, the government tried to change the position by providing fifty percent share to wife in husband’s property but the bill is still pending. 

Now in cases, where the property has been brought together or has been used by both the spouses, the wife can claim her part of share. It has been observed that Courts have also in order to protect the interest of wife, have made an order wherein the wife has been given claim over her husband’s property whether it was brought before or after the marriage. 

If the property is stridhan or mehr then the husband is obligated to return the same when asked by the wife as she is the exclusive owner of such property.

It is upto the party to prove whether the property is of joint nature or something one has inherited or bought solely from his/her own money. Any sort of contribution from either party over the property is taken into consideration in deciding the division. For example, Supreme Court in line with CEDAW ruling has observed even if the wife has not contributed financially, still, she gives her time and energy as a homemaker and therefore is also entitled to a share in the property.

“If the property has been brought together by husband and wife, where the husband has paid the price and registered in the name of wife. The Court shall regard the wife as the title holder of the property and therefore she can claim her share in the property as well,” says Advocate Sanjay Sandhu .

What are the differences between divorce, judicial separation, and annulment of marriage?

Divorce constitutes an end to the marriage. Once the divorce is obtained parties are free to remarry whereas, in case of judicial separation, they are not living together but still maintaining the status quo of husband and wife. Under judicial separation, they are not allowed to remarry. Annulment, on the other hand, makes the marriage null and void, treating it as if the marriage never existed. 

Frequently Asked Questions:

How long does it take to get a divorce in India?

It takes a minimum of six months in case of mutual divorces. But in cases of a contested divorce, it depends on a lot of factors and can take more than two years. 

How much does a divorce cost in India? 

The total cost of divorce could be anywhere from thousands of rupees to lakhs depending on the lawyer you hire. However, the minimum charge in cities like Delhi could be anywhere from Rs.25000 to Rs 30,000.

How much is the court fee for a divorce?

For filing fresh suit for divorce under the Hindu Marriage act is Rs.50 and under Special Marriage Act is Rs.100. Where the filing of a complaint or appeal under the Parsi Marriage Act is Rs. 500. And if filing a civil suit or petition under Section 125 of Crpc you need to pay a court fee of Rs.50

What is the fastest way to get a divorce in India?

The fastest way to get a divorce is to file for Mutual Consent Divorce where both the parties agree and are in favor of divorce.

Can the spouse consent for remarriage without getting a divorce from an existing partner?

No, it will be termed as bigamy and shall amount to an offence under Section 17 of the Hindu Marriage Act and Section 494 of Indian Penal Code.

If either of the spouses is not heard for a long time, should the divorce be applied?

A spouse can file for divorce if he/she or anyone who would have generally known, haven’t heard from either spouse for more than seven years.

When can the divorced persons remarry?

In case of mutual consent divorce, there is no time bar on remarrying. However, in case contested divorce, 90 days time frame is provided to parties to file an appeal. If there is no appeal, then the person can remarry.

What Happens When the Married Couples Are Living Separately for Many Years?

When marries couples are living separately for many years, it constitutes a valid ground to seek divorce. Also, either party can file for restitution of conjugal rights, wherein, the court will order the respondent to live with the applicant.

What Happens When Consent To Divorce is Obtained by Force, Fraud or Undue Influence?

The law is very clear, that when parties file for divorce through mutual consent, it should be free from any force, fraud or undue influence; otherwise, the court cannot make an order or pass a decree. In case, if either party feels that decree as been passed when consent was not obtained lawfully, an appeal can be made.

Is the Statutory Cooling Off Period of 6 Months Mandatory?

The six months cooling period is provided so that if there is any hope for reconciliation so that the divorce could be avoided. However, the Supreme Court has observed in cases where parties have mutually consented for divorce, this cooling period can be waived off. To quote, the Court observed, “The waiting period will only prolong their agony, and application for waiver of the waiting period can be filed in court within a week of their first motion for separation”. 

How to protect yourself against IPC Section 498a?

How to send legal notice for divorce, how to file for mutual & contested divorce online, maintenance rights of the divorced women under the different religions in india.

The Essential Guide to Divorce Papers in India: Expert Tips and Advice

Introduction  

• A family lawyer or a divorce lawyer may handle divorce matters, such as the dissolution of marriage or legal termination of the relationship between the two parties. 
• The divorce papers in India and their process can be very lengthy and challenging as many documents and evidence are required to enter a divorce agreement.
• There are immense emotional and mental ups and downs attached to such cases where they have to wait for the divorce decree patiently. 
• Divorce papers in India can be drafted by a professional who will provide the utmost assistance throughout the procedure.
• The Indian divorce decree can be very lengthy, legally and procedurally. The period of prosecution can take up to 6 months or years after the divorce papers are submitted in India. The duration depends on the case’s complexity and severity.
• There are different religions and various communities in India that have their respective marriage and divorce laws that come into action during these cases. Hindus, Sikhs, Jains, and Buddhists can use the regulation of the Hindu Marriage Act of 1955.
• The people of Muslim communities seek divorce under the Muslim Marriage Act of 1939. There is a Special Marriage Act of 1956 where people from different cultures and communities can seek legal jurisdiction and file for divorce accordingly. 

Don't Navigate Your Divorce Alone. Our Experienced Lawyers Are Here To Help You Every Step Of The Way

Documents required for cases where Mutual Consent is concerned

The numerous paperwork and piles of documents needed to make divorce papers in India can be very complex for a layman, so it is highly advised that a divorce lawyer be hired to handle divorce papers in India. They formally draft and file divorce on behalf of their clients to assist them throughout the process. 

The documents required to draft divorce papers in India are as follows: 

• Husband’s Address proof
• Wife’s Address proof
• Every detail of the profession and remuneration of the petitioner.
• Last 2-3 years Income Tax statement and related filings.
• Petitioner’s family background information and details. 
• Asset information of the petitioner 
• Marriage certificate 
• Proof that the spouses have been living separately for a year.
• Evidence that can prove the failed attempts of reconciliation. 

Other documents may be required to draft divorce papers in India, which are deciphered according to the needs and grounds contested by the parties. 

Mutual Consent Divorce Form

People Also Read: How to Get Divorce in India?

What is Alimony?

• It is the financial support that a spouse must provide to the other spouse in case of divorce or separation. This is a legal obligation and is governed by various laws in India. 
• It is made periodically over a specified time duration in which they provide monetary support as directed by the court orders.
• It is not paid by default, and the concerned judge assesses certain information and the nature of the case involved. 
• The spouse may seek legal consultancy services to claim alimony efficiently and without hassle. The lawyer will ensure that every needed criterion is included in the divorce papers in India.
• It is an important right as per the Marriage and Divorce Acts. The spouse has independent rights to claim and receive alimony.

Documents required when filing for Alimony 

• Recipient’s age
• Marriage duration
• Spouse health
• The governing marriage law
• Child custody
• Both spouses’ financial positions.

Are You Struggling With Divorce? Get Expert Legal Advice And Counseling Today!

Documents Required to File for Divorce On the Grounds of Cruelty

• Earlier, cruelty was not a ground for divorce but was only used for judicial separation. After the amended Marriage Law Act 1976, cruelty is also a ground for divorce. 
• The affected spouse can seek divorce if they are subject to any mental or physical harm or injury that is a life risk or causes immense damage.

A series of occurrences are judged and deciphered to implement the divorce. The documents required for filing divorce papers in India are:

• Four passport-sized pictures of both husband, wife, and marriage
• Marriage certificate
• Evidence that proves any cruel behaviour or incident.
• Relevant medical documents prove the cruel behaviour and physical harm.
• Statements of witnesses  

Documents Required to File for Divorce On the Grounds of Adultery

According to the law, it is considered to be a criminal offence. This happens when one spouse willingly engages in sexual activities outside their marriage.

The Amendment made in the Act of 1976 states that even one such Act is enough to file for divorce and seek damages reversals. The only condition is that substantial and effective proof is needed to establish the grounds for divorce.

The documents required for drafting divorce papers in India are:

• Address proof of both husband and wife
• Adultery evidence and proof of any kind.
• Long-term adulterous relationship evidence
• Witness statement: Who can prove such adultery
• DNA evidence proving the adulterous relationship
• Four passport-sized photographs of husband and wife.

If enough evidence is provided, several other grounds can be used to file divorce papers in India to form a strong case. Legal consultancy services take these into account when they thoroughly revise and go through each part of the process.

People Also Read: How To file For Divorce in India?

Take The Stress Out Of Divorce Papers: Get Legal Support Now!

Documents Required to File for Divorce On the Grounds of Desertion

Previously, desertion was only considered a basis for separation. However, with the introduction of Section 13 of the Marriage Laws (Amendment) Act 1976, it has become a valid ground for divorce. If a spouse voluntarily abandons the other for a period of two years, it can lead to a divorce claim.

The required documents include:

• Residence proof of both the husband and wife
• The marriage certificate, along with four photographs from the wedding
• Evidence of desertion without consent
• Proof demonstrating a spouse’s withdrawal from marital duties
• Evidence that establishes whether the desertion was constructive or actual

Documents Required to File for Divorce On the Grounds of Unsoundness of Mind

The Marriage Laws (Amendment) Act of 1976 has provided a more detailed classification of the duration of mental illness, which was initially set at three years. Nevertheless, the spouse seeking divorce must provide convincing and clear evidence to the court.

• Proof of residence for both spouses
• The marriage certificate is accompanied by four photographs from the wedding
• Medical certification of the mental disorder
• Evidence that the marriage has lasted for more than two years
• Proof indicating that the petitioner was unaware of the mental disorder at the time of marriage
• Evidence of recurring episodes of the mental disorder

People Also Read: How to Get Divorce Easily in India?

Additional Grounds for Divorce

Incurable and severe leprosy.

• Marriage certificate accompanied by four wedding photographs
• Medical certification confirming the presence of leprosy
• Evidence that the petitioner was unaware of the leprosy at the time of marriage
• Statements from doctors
• Medical evidence that the disease is incurable

Religious Conversion

• When a spouse changes their religion and is no longer a Hindu, it becomes a ground for divorce. This, however, necessitates the abandonment of Hinduism and evidence of a formal conversion ceremony.
• The marriage certificate along with four photographs from the wedding
• Evidence of a formal conversion ceremony
• Certificate of conversion
• Proof demonstrating the absence of undue influence

Venereal and Communicable Diseases

• Medical certification
• Medical evidence showing that the petitioner was not afflicted with the disease at the time of marriage.

Adoption of a New Religious Order

• If a spouse decides to renounce worldly life and embrace celibacy or a religious order recognized by Hinduism, it can be a ground for divorce.
• Marriage certificate along with four photographs from the wedding
• Evidence demonstrating the spouse’s renunciation of worldly affairs
• Proof of ceremonial performance
• Evidence indicating that the spouse is not leading a marital life

Failure to Comply with Judicial Separation or Restitution of Conjugal Rights

• If either spouse has not resumed cohabitation even after a year of a decree of judicial separation, they can file for divorce. Similarly, divorce can be filed if there has been no resumption of conjugal rights for over a year.
• Evidence demonstrating that there has been no resumption of cohabitation
• Documents showing the decree of judicial separation passed by the High Court
• Proof of failure to resume conjugal rights

Presumed Death

• This ground for divorce is applicable when a spouse has not been seen or heard from for seven years.
• Evidence that the spouse has been missing for the last seven years
• Information about the last date of cohabitation
• Proof that efforts were made to locate the missing spouse

The base for every ground for filing divorce papers in India is subjected to various assessments and shreds of evidence. These are evaluated before reaching any decision regarding the divorce papers in India. Consulting a divorce expert is suitable in such cases.

Taking help from an expert will make things efficient and prompt. The affected person will be provided the required alimony and support with the proper filing of divorce papers in India.

Adv. Priyanka Sampathy

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Priyanka Sampathy is a legal consultant who prioritises ethical and professional conduct while striving to achieve desired outcomes. With over 15 years of independent practice, she has significant expertise in handling legal cases. Her exceptional communication skills enable her to express arguments in a clear and persuasive manner, both in writing and verbally, in Hindi, English, and Telugu.

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• Divorce With Consent

Divorce with Mutual Consent

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Recognized by start-up india reg number : dpiit34198, what is divorce with mutual consent and contested divorce.

• Divorce is a legal process of separation after marriage, when both the parties (husband and wife) wants to separate with their own will after marriage, is called at divorce with mutual consent. Both husband and wife can apply for the divorce mutually.
• Divorce is called a contested divorce or divorce without mutual consent when it is filed without the approval of either of the spouse(husband or wife). Most of the times the reason for filing such divorce can be cruelty, adultery, desertion, conversion, mental disorder, communicable disease, presumption of death or in case of renouncing the world.

Most Important Points to remember while Divorce

• Child Custody - Which partner will get the child custody after divorce
• Alumni/Maintainance - If one of the partner is unable to meet his daily expenses then other needs to pay him a certain sum of amount . It is subject to mutual understanding between the partners(husband and wife).
• Settlement of Property and Assets - Settling the ownership rights of property and asset between the parties(Husband and wife)

When one can apply for Mutually consented Divorce

Husband and wife both should be willing to get separated is the first and foremost rule when it comes to a divorce with mutual consent. Also following things one should be aware of before filing a divorce :

• Husband and wife should be staying separately for the period of minimum one year.
• Husband and wife both are agreed for the divorce.
• They are unable to live together anymore.
• Minimum one year from the date of marriage

Provision’s in the Law for Mutually consented Divorce

As we know there are different acts for marriage registration, the same applies for divorce as well, the law has different provisions as per the marriage acts which are :

• Section 13B of the Hindu Marriage Act 1955(Period of separation = 1-year minimum)
• Section 28 of the Special Marriage Act, 1954
• Section 10A of the Divorce Act, 1869 (Period of separation = 2-year minimum)
• Section 32B for Parsi Marriage Act 1936
• And under the sections of Christian and Muslim Marriage Act.

Documents Required for Divorce with mutual consent

Common Documents are required for Filing a divorce petition, also our expert's lawyers help you prepare the documents if anything is missing :

• Marriage Certificate
• Address Proof - Husband and Wife.
• Four Photographs of Marriage.
• Income tax Statement of last 3 years.
• Details of profession and Income (Salary slips, appointment letter)
• Details of Property and Asset owned
• Information about family (husband and wife)
• Evidence of Staying separately for an year
• Evidence relating to the failed attempts of reconciliation

Step-by-Step Divorce Procedure in India

LegalDocs expert and trusted lawyers help throughout the process of divorce right from start till end. After the thorough consultation from LegalDocs team, every citizen needs to follow the process :

One has the option to file the petition in any one of the following family courts -

• Where the couple was last residing as husband and wife,
• Where the husband is presently living.
• Where the wife is presently living.

Now let's Understand the steps involved while filing a Divorce :

• Step 1: Drafting and Filing Petition (submitting divorce application) The drafted application needs to be submitted at family court along with applicable court fees. You need the right advice and guidance of a trusted and experienced divorce lawyer for the drafting of the petition.
• Step 2: Issuing Summons ( Court Notice) A formal notice(summons) is issued by a court is sent to the second party, which is generally dispatched by speed post. The purpose of sending a summons is to let the other party know that the process of divorce has been initiated by their spouse. If the husband has initiated the procedure summon will be sent to the wife.
• Step 3: Response (to Court Notice) After receiving the Summons, the party needs to be present at the court on the date mentioned in the summons. If the party fails to attend then the court will give a chance of hearing even if that is failed court will issue an order and will end the process of divorce.
• Step 4: Trial at Court In this step, the court will hear both the parties along with proper evidence and witnesses. Respective lawyers will conduct the examination and cross-examinations of parties, witnesses, and evidence in front of the court. This step is very important step while filing a divorce. Interim Orders – In interim orders, any party can file a temporary petition with respect to maintenance and child custody before the court. This can be filed after hearing and during the pendency of the court proceedings. This order stays in power until the final court procedure of the Divorce. Not every divorce proceeding's gone through interim orders. Filing petition is optional and is solely dependent on the spouse (husband or wife).
• Step 5: Argument Here, the respective advocates assigned by both parties will argue before the court on the basis of documentary evidence filed and depositions of the witnesses. To win the argument the experience and conduct of lawyer matter’s a lot.
• Step 6 : Final Order(Divorce completion) The final order will be passed by the court upon successful completion of all the stages mentioned before. If any party is not happy with the final order they can challenge the same in higher courts.

divorce With Consent FAQs

What is mutual consent, how much is the cost involved in divorce procedure, how much time does it take to get divorced, what are the steps involved in divorce , when one can file for divorce, is it mandatory for parties to be present in court during the mutual consent divorce process, when can i remarry after divorce.

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Essay on Divorce in India for Students in 1200 Words

May 28, 2020 by ReadingJunction Leave a Comment

In this article, we have explained an Essay on Divorce in India for Students and Children in 1200 Words This essay provides some necessary information regarding divorce in early India, divorce in recent years and the rising rate of divorce cases in India!

Table of Contents

Introduction (Essay on Divorce in India -1200 Words)

Divorce literally is the end of a marital relationship. It is the termination of the marital bond between the partners. As per the law, divorce is a process which ceases the existence of a marital bond, leading to the dissolution of marriage, after which a marital couple will no longer be husband and wife.

A couple who complete the process of divorce, will regain their premarital status, and as per the law, they will be free to marry again. Divorce dissolves all the marital relations, obligations and rights.

In society, when the married persons feel that they can’t mutually love together, they can dissolve the marriage by divorce. As far as the Hindus are concerned, we believe the Hindu wedding to be a sacred bond of indissoluble nature . They think it to be a permanent bond between husband and wife, but this belief was not accepted widely.

Divorce in Early India

As per the rules laid down by Narada and Parashara, a marriage can be dissolved if the husband is impotent or kliba. Narada is a right that had been bestowed to a woman by which, if she finds that her husband lacks masculinity or manliness, she can choose another husband, but after waiting for six months. There are five cases mentioned in the Smritis, according to which a woman can find a husband.

These conditions are:

• If a woman’s first husband is missing.
• If the male partner becomes an ascetic.
• If the male partner is impotent.
• If it degrades the male partner from caste.
• If the male partner dies.

Divorce in Recent Years

Divorce is neither easily allowed in the societies nor practised by people in common. The Hindu Marriage Act has made some legal provision for divorce and legal separations. In current times, several acts have been passed, which allows a couple to take divorce or judicial separation.

The Bombay Hindu Divorce Act of 1947 has granted legal separation or divorce based on impotence, leprosy (which should be within seven years), lunacy (which should be over seven years), bigamy and desertion for four years or more.

How to Get Divorced?

Divorce is a common phenomenon in western countries. However, divorce depends upon the couple’s present situation. Short term marriages with less or no child and with no property involvement brings much time for divorce. This is unlike to long-term couple where there are few children and responsibility of property entanglement.

The divorcing couple also needs to negotiate with each other about child custody, child maintenance, property division, spousal support, debt allocation and marital debts. In this way, the divorce can be completed in a less expensive and less stressful way.

Here we have mentioned the complete process of divorce, step by step.

Process to Get Divorced:

• Decide consciously whether you want a divorce.
• Determine how you want to get the divorce.
• Choose a representative.
• Brace all your bank accounts.
• File legal Divorce papers.

As per the Hindu Marriage Act, 1955, a couple can file a mutual divorce if they no longer want to stay attached or cannot live together and are decided to mend their ways legally. There is also an option of ‘Contested divorce’ where you can file a divorce by yourself even if your spouse is not ready to give you a divorce.

Some Allied Causes and Effects of Divorce

Here we have mentioned some allied concepts which are the basics of divorce.

1. Separation

The first and primary reason that leads to the dissolution of a marital relationship is separation. It is an essential step to lessen the marital conflicts between husband and wife. Moreover, judicial separation is an easy way to adapt to separate living without divorcing. However, in this state of marital inconvenience, the spouse usually gets deprived of a happy life, which affects their health and relationship.

2. Desertion

Desertion is the departure of either husband or wife from home, leaving behind the family to fend for it. In abandonment, one of the marital partners wants to desert the family with no proper reason and with no consent of the other partner.

As per the legal grounds, desertion will be interpreted as the physical and intentional separation of the partners.

Desertion comprises four essential components:

• The partner who is willing to desert the other partner must put an end to all the marital relations.
• The deserting person must be willing to do so.
• The deserted spouse must not give consent of the partner.
• The deserting spouse must not give any provocation to leave.

These are the four essential conditions, which are necessary to consider a case as desertion.

3. Annulment

Annulment is a legal process which declares that there was no marital relationship which ever existed between the partners. Annulment is a decision the court takes which, to show that the spouse has some flaws and are unwilling to stay together.

There are many reasons for annulment. These reasons are: marriage by coercion, by fraud or marriage with an underage partner. Further, it also includes the practice of bigamy.

Rising of divorce rates in India

The recent decades have witnessed a subsequent rise in the number of divorce cases of India . The pattern of divorce that occurs in India differs from that which occurs in the Western Countries. There are many reasons which enhance the rise of the rate of divorce in India.

People’s attitude towards the change in the legal acts related to divorce has created ways which increase divorce. The legislation regarding divorce gets fuelled by the marital relations in which none of the spouses can live a happy and content life.

The partners just stay trapped in a negative relationship, and the husband and wife are only just names. The legal laws and acts created a way for easy divorce.

The marital bond among the Indian couples is profoundly affected by the norms, values and beliefs of individual partners. The change in value is a significant cause of marital breakdowns. The social stigma attached to a person is also a primary reason for divorce.

In some families, the wife’s are also interested in earning and taking part in the financial activity of their house. This contradicts some traditional beliefs of people who want only the male partner to make; this also causes some sufficient conflicts which gives rise to divorce.

The causes of divorce are not in harmony throughout the population . Distinct people of a society have various reasons for their divorce. Different classes of people in the community are affected by different causes of divorce. The social and occupational status that arises in a society always leads to divorce of the couple.

Reasons of increasing divorce in India

• The women want to become financially independent.
• The parents of female partner interfere in marital relations after marriage.
• When marriage occurs against the will of either of the partners
• The traditional mother-in-law and daughter-in-law conflicts
• Misuse of legal acts like IPC 498 A.
• Adultery committed by either of the partners

Marriage is a lifelong relationship essential for an established structure of the society. For divorce, the decision becomes much more difficult after the involvement of children, that’s why restitution of both the partners is necessary.

To get married is a significant decision in life, and it should be taken wisely. Further efforts should be made to make the relationship flourish. I hope you liked this informative Essay on Divorce in India.

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Divorce: essay on growing divorces in india.

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Essay on Growing Divorces in India!

In India, there are references in ancient Hindu literature about permitting divorces under certain circumstances but in actual practice divorces and remarriages were almost non-existent. However, in recent years, ‘sacramental’ nature of Hindu marriage is gradually being replaced with modern secular beliefs.

These beliefs refer to the declining influence of the religious attitudes and values which in turn affects the marital ties. As a result of secular beliefs and the impact of Western civilization, the government enacted Hindu Marriage and Divorce Act of 1955 (amended in 1976 and 1981). It contains provisions for both judicial separation and divorce.

The grounds for the dissolution of a Hindu marriage are adultery (immoral conduct), unsound mind, conversion to other religion, desertion and cruelty, incurable leprosy and venereal disease, barrenness of wife and renunciation and bigamy.

It also permits divorce by mutual consent. People aspiring for divorce have to wait for the period of judicial separation of one year. This period is meant for reconciliation but if it does not happen during this period, one gets the decree of divorce.

The changed social values, which allow divorce as an appropriate response to marital disorganization, have also led in the increases of divorces in India. The altered position of women has also contributed to this rising trend all over the world, including India.

This is why more and more women are seeking divorce today. It is important to note that three-fourth of divorces in USA are granted on the petition of wives and two-fifth are granted to couples married less than five years.

However, compared to the US and UK, the divorce rate in India is still considerably low. Time magazine (October 2007) reports only one in one hundred marriages here ends in divorce compared to a much higher percentage in the West, including America. But, nevertheless, divorces are on the rise, especially in metropolitan areas.

Dual-career (earning) marriages (both spouses working as wage earners) lead to conflicts and contradictions between marital expectations. Employment of women outside the home has changed the status and the aspirations of women.

Some observers associate the increase in divorce with this change of status. Such women are no longer willing to tolerate a subser­vient position in the home. In her book, Families on the Fault Line (1994), Lillian Rubin comments: ‘Among young women there is a desire for autonomy and self-fulfillment, through work as much as family and valuing of risk, excitement and change.’

There is also a growing tendency towards freedom of women to work and control their reproduction, freedom of mobility for both sexes and freedom to define one’s own style of life. The young generation is much pleasure seeking and not much concerned about sexual behaviour, marriage and gender divisions.

Thus, dual earning marriages and changing attitudes towards sex, marriage and family life are sowing the seeds of divorces. But, the increasing number of divorces does not mean that the insti­tution of marriage is going out of fashion. After divorces, it is seen that most of the families in the West are reconstituted by remarriages.

Related Articles:

• Divorce: 3 Allied Concepts of Divorce
• Comprehensive Essay on Divorce in India

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Rory McIlroy signed divorce papers during tournament he won: report

Rory McIlroy and his wife, Erica Stoll, filed for divorce earlier this month after seven years of marriage, and apparently, it helped him get a win.

Reports of the divorce spread during the week of the PGA Championship, but the papers were reportedly signed the week prior.

According to the Belfast Telegraph in McIlroy's home country of Northern Ireland, the four-time major winner signed the divorce papers on May 9, the first day of the Wells Fargo Championship, which he won by five strokes. He digitally signed them just hours after shooting a four-under 68.

CLICK HERE FOR MORE SPORTS COVERAGE ON FOXNEWS.COM

The outlet reports that a private investigator served the papers to Stoll at their home in Jupiter, Florida, the following Monday, less than 24 hours after McIlroy won at Quail Hollow.

McIlroy filed the papers through the same attorney who represented Tiger Woods during his divorce with Ein Nordegren.

READ ON THE FOX NEWS APP

McIlroy apparently wrote that the marriage was ""irretrievably broken" – he is looking to enforce the prenup they signed a month before their April 2017 wedding, and joint custody of their 3-year-old daughter.

LPGA GOLFER LEXI THOMPSON, 29, ABRUPTLY ANNOUNCES RETIREMENT, CITING MENTAL HEALTH

Us Weekly said Stoll was "lonely" in their marriage, and the four-time major champion was "a hard person to be married to" due to his playing career.

The two "were living very different lives the last two years with him being on the road, and eventually she had a breaking point," according to the outlet.

"She knew what she was getting into with his profession, but once they had (their daughter) Poppy, things really changed, and she had a new perspective. Erica was usually absent for most of his tournaments and was really focused on Poppy," Us Weekly said.

McIlroy's camp released a statement shortly after the filing, saying, it "stressed Rory’s desire to ensure this difficult time is as respectful and amicable as possible."

They started dating in 2015 after the PGA Tour star and tennis star Caroline Wozniacki broke off their engagement in May 2014. Rory and Erica became engaged later in 2015 and married in April 2017. They share one child together.

Stoll is a former PGA of America employee. She was seen by his side at several tournaments, including last year’s Ryder Cup.

McIlroy will tee off in the Canadian Open on Thursday at 7:40 a.m. ET at Hamilton Golf and Country Club.

Follow Fox News Digital’s  sports coverage on X , and subscribe to  the Fox News Sports Huddle newsletter .

Original article source: Rory McIlroy signed divorce papers during tournament he won: report

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Natasa Stankovic responds to divorce rumours with Hardik Pandya | Watch

Natasa stankovic responds ambiguously to rumours about her potential divorce from indian cricketer hardik pandya, leaving the internet in speculation..

Amid constant rumours about Indian cricketer Hardik Pandya's divorce from wife Natasa Stankovic, the Serbian model has responded to a question about her potential separation from Pandya.

Also Read: Where is Hardik Pandya? Mumbai Indians captain goes ‘missing’ amid divorce rumours with wife Natasa Stankovic

In a video shared on Reddit, the Serbian model can be seen responding to a journalist's question about rumours surrounding the end of her marriage. When asked about the question, Natasa replied, “Thank you very much." The ambiguous response has left the internet in a fix. Many assume it is a hint that the divorce is not just a rumour but a reality. Natasa Stankovic's video responding to her divorce rumours was also shared by @indiaforums on X.

Also Read: ‘Someone is about to get on the streets’: Natasa Stankovic's post amid rumours of taking 70% of Hardik Pandya’s property

There are speculations that Natasa will claim 70% of the cricketer's property as a part of the legal settlement. Amid divorce rumours, Hardik Pandya was absent from the visuals of the Indian cricket team leaving for the USA to participate in the upcoming T20 World Cup 2024.

Also Read: Nazi salute, racist song at Germany club: Viral video sparks reactions from social media, netizens say ‘not surprised’

Hardik Pandya faced severe backlash on the ground from the audience during the IPL 2024 tournament as a Mumbai Indians team captain. Surprisingly, Pandya was not a part of the first batch of cricketers who traveled to the US for T20 World Cup 2024. Other MI cricketers who will be a part of the national squad, including Rohit Sharma, Jasprit Bumrah, Suryakumar Yadav, were spotted travelling to the US.

Also Read: Hardik Pandya to lose 70% property to Natasa Stankovic: Netizens comment on divorce rumours, ‘hitting rock bottom’

After the elimination of the Mumbai Indians team from the match, the players from the team who will be a part of T20 World Cup were expected to reach US first. In the upcoming T20 World Cup, Hardik Pandya is the vice captain of the Indian cricket team, whereas Rohit Sharma is the captain. Sharma, Head Coach Rahul Dravid, and batting coach Vikram Rathore were among the first batch of team India cricket players to travel to the US.

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Rory McIlroy’s estranged wife Erica Stoll was served divorce papers by a private investigator while at their family home in the members-only development, The Bear’s Club, in Jupiter, Fla., on May 13, according to court documents obtained by Irish newspaper The Belfast Telegraph .

McIlroy filed for divorce from Stoll, his wife of seven years, stating the marriage was “irretrievably broken,” and the documents stated the pair  has a prenup.

Stoll was served the legal documents by Carl Woods — a former Palm Beach police officer, who now runs a private practice , CW Services & Associates, which serves the legal community — at 10.30 a.m. on May 13, according to the summons.

In it, Woods described Stoll as being white with blonde hair, in her 30s, thin, and standing between 5-foot-7 and 5-foot-8 in height. He said she was not wearing glasses.

McIlroy signed the divorce papers digitally while he was playing in the Wells Fargo Championship at Quail Hallow in North Carolina, which he went on to win, on May 9, per court records.

The 35-year-old Northern Irishman filed the papers in Palm Beach County Court through attorney Thomas Sasser, who represented Tiger Woods in his high-profile divorce with Elin Nordegren in 2010.

Stoll has 20 days to file a written response to McIlroy’s petition with the circuit court clerk from the day she was served, according to the documents.

“A phone call will not protect you,” the summons read. “Your written response, including the case number given above and the names of the parties, must be filed if you want the court to hear your side of the case.

“If you do not file your response on time, you may lose the case, and your wages, money and property may thereafter be taken without further warning from the court.

“There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may call an attorney referral service or a legal aid office (listed in the phone book.”

Stoll has yet to respond to McIlroy’s divorce filing as of May 26, when the report was published.

McIlroy and Stoll are seeking split custody of their daughter Poppy, now 3, whom they welcomed in August 2020, according to his divorce filing.

A week after the split was made public, a report by The Daily Mail said McIlroy and CBS reporter Amanda Balionis were  “the talk of the links”  on the PGA Tour and the two were stirring romance rumors.

The pair has yet to address that report.

McIlroy’s camp released a statement at the time that “stressed Rory’s desire to ensure this difficult time is as respectful and amicable as possible.”

His team added that he would not be commenting further on the matter.

McIlroy is set to compete at this week’s RBC Canadian Open, which runs through June 2 at Hamilton Golf and Country Club in Hamilton, Ontario.

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Officials change course amid outrage over bail terms for Indian teen accused in fatal drunk driving accident

By Arshad R. Zargar

May 22, 2024 / 1:37 PM EDT / CBS News

New Delhi — Indian justice officials have changed course amid outrage over the bail terms set for a teenager accused of killing two people while driving a Porsche at high speed while drunk and without a license. The 17-year-old son of a wealthy businessman had been ordered to write a 300-word essay and work with the local traffic police for 15 days to be granted bail — a decision that was made within 15 hours of his arrest.

He is accused of killing two young people while speeding in his luxury car on Sunday in the western Indian city of Pune.

The lenient bail conditions initially imposed by the local Juvenile Justice Board shocked many people, including officials, across India. The local police approached the board with an appeal to cancel his bail and seeking permission to treat the boy, who is just four months shy of his 18th birthday, as an adult, arguing that his alleged crime was heinous in nature.

In 2015, India changed its laws to allow minors between 16 and 18 years of age to be tried as adults if they're accused of crimes deemed heinous. The change was prompted by the notorious 2012  Delhi rape case , in which one of the convicts was a minor. Many activists argued that if he was old enough to commit a brutal rape, he should not be treated as a minor.

On Wednesday night, after three days of outrage over the initial decision, the Juvenile Justice Board canceled the teen's bail and sent him to a juvenile detention center until June 5. It said a decision on whether he could be tried as an adult, which would see him face a more serious potential sentence, would be taken after further investigation.

Late Sunday night, police say the teen, after drinking with friends at two local bars in Pune, left in his Porsche Taycan, speeding through narrow roads and allegedly hitting a motorcycle, sending the two victims — a male and female, both 24-year-old software engineers — flying into the air and killing them.

The parents of both victims have urged authorities to ensure a strict punishment for the teen.

The suspect was first charged with causing death by negligence, but that was changed to a more serious charge of culpable homicide not amounting to murder. On Wednesday he was also charged with drunk driving offenses.

Police have arrested the suspect's father and accused him of allowing his son to drive despite being underage, according to Pune Police Commissioner Amitesh Kumar. The legal age for driving in India is 18. Owners of the two bars where the minor was served alcohol have also been arrested and their premises seized.

"We have adopted the most stringent possible approach, and we shall do whatever is at our command to ensure that the two young lives that were lost get justice, and the accused gets duly punished," Kumar said.

Maharashtra state's Deputy Chief Minister Devendra Fadnavis had described the original decision of the Juvenile Justice Board as "lenient" and "shocking," and called the public outrage a reasonable reaction.

Road accidents claimed more than 168,000 lives in India in 2022. More than 1,500 of those people died in accidents caused by drunk driving, according to Indian government data.

Under Indian law, a person convicted of drunk driving can face a maximum punishment of six months in prison and a fine of about $120 for a first offense. If, however, the drunk driving leads to the death of another person, the offender can face two to seven years in prison.

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Amid Divorce Rumours With Wife Natasa Stankovic, Hardik Pandya Vacationing Abroad: Report

Amid rumours of divorce with wife natasa stankovic, hardik pandya is reportedly vacationing at an overseas location..

India all-rounder Hardik Pandya missed the plane to New York as the first batch of the Indian team's players flew across the continents for the T20 World Cup 2024. Hardik's absence from the first batch of players intensified the speculations around his personal life, with rumours suggesting all is not well between him and his wife Natasa Stankovic. As the couple continues to maintain silence on the 'divorce rumours', a report has suggested that Hardik has flown to an undisclosed overseas location for a vacation. He will join the Indian team directly in New York.

As per a report in Cricbuzz , Hardik flew out of the country after Mumbai Indians' IPL 2024 campaign ended. With the aim of revitalising himself after a stressful campaign in the T20 league, Hardik decided to vacation for a week or so at an undisclosed overseas location. However, he is expected to join the team in time for the first practice session in New York.

View this post on Instagram A post shared by Hardik Himanshu Pandya (@hardikpandya93)

Hardik has been in the headlines since the start of the IPL 2024 season. The Mumbai Indians' decision to replace Rohit Sharma with Hardik as the captain of the franchise didn't go down well with fans, with the latter facing severe criticism in the form of jeers whenever he stepped into the stadium.

As a result of the negativity that infected the Mumbai Indians camp, the franchise finished bottom of the 10-team standings, with all-rounder Hardik proving to be lackluster in all departments of the game.

"A lot of the stuff that he's going through is, personally, maybe a little uncalled for. It'll certainly be a learning curve for Hardik as his growth in leadership. While times are tough now, a couple of things will pass and it'll make him a tougher leader and it'll certainly grow him in the role as well," Mumbai Indians coach Mark Boucher has said in a press conference after MI played their last game on May 17.

Hardik is the designated vice-captain of the team for the T20 World Cup which takes place from June 01-29 in the US and West Indies.

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I’m an Indian Muslim, and I’m Scared to Say So

By Mohammad Ali

Mr. Ali, a journalist and writer who focuses on right-wing efforts to transform India into a Hindu nation, wrote from Delhi.

I used to answer the phone with “Salam.” Not anymore. I don’t want people to know I’m a Muslim.

There is little that would identify me as Muslim to begin with, aside from my name. I don’t wear a skullcap, and in public I avoid wearing the loosefitting Pathani kurta and peppering my speech with Urdu words, all of which are identity markers for Indian Muslims. But in the India of Prime Minister Narendra Modi, you can’t take any chances.

For 10 years, Mr. Modi’s Hindu-chauvinist government has vilified the nation’s 200 million Muslims as dangerous undesirables. Recently, he took that rhetoric to a new low during the six weeks of voting in India’s national elections — which are widely expected to win him a third consecutive five-year term — directly referring to Muslims as “infiltrators” in a country that he and his followers seek to turn into a pure Hindu state.

As offensive as that was, it is sadly familiar to Indian Muslims like me who — after a decade of denigration, violence and murder — live in daily fear of being identified and attacked, forcing us into self-denial to protect ourselves.

India is home to one of the world’s largest Muslim populations. Islam came here around 1,300 years ago, and Indian Muslims descend from natives of this land who converted to Islam centuries ago. Many Indian Muslims fought against British colonization, and millions rejected the 1947 partition of the country into a predominantly Hindu India and a mostly Muslim Pakistan. India is our home, and people like me are proud patriots.

But Mr. Modi’s Hindu nationalism has made us the targets in what might be the largest radicalization of people on the planet. Its seeds were planted with the founding in 1925 of Rashtriya Swayamsevak Sangh, a right-wing Hindu organization that sought the establishment of a fully Hindu state in India and was inspired by the European fascism of that era. When Mr. Modi’s Bharatiya Janata Party — a political offshoot of Rashtriya Swayamsevak Sangh — won elections in 2014 and he became prime minister, he and his followers saw it as the civilizational moment that Hindus had been waiting for. Mr. Modi was the god-king who would free Hindu civilization from centuries of domination, first by a series of Muslim rulers culminating with the Mughal empire that ruled India for around three centuries and then by the British colonizers who followed.

Islamophobia isn’t new to India, and Muslims also faced prejudice and recurring violence during the generations in which the liberal upper-caste Hindu elite dominated the nation’s secular democratic politics. But under Mr. Modi’s right-wing leadership, hatred of Muslims has effectively become state policy. India is now a country where police have been accused of standing by as Hindus attack Muslims , where the killers of religious minorities go unpunished and where Hindu extremists openly call for the genocide of Muslims.

Protest, and you run the risk of having a Hindu mob unleashed on you. That’s what happened after Mr. Modi’s government in 2019 pushed through a citizenship law that discriminates against Muslims and his party promised to expel “infiltrators” from the country. When Indian Muslims protested, one of Mr. Modi’s supporters responded with a provocative speech that is blamed for sparking deadly clashes between Hindus and Muslims in Delhi in February 2020. Police were accused of looking the other way as Muslims had their shops destroyed, were assaulted and were even killed.

Bulldozers have become a symbol of this state terrorism — rolled out at right-wing rallies, tattooed on the arms of Modi supporters and featured in Hindu nationalist songs — because of their use in areas governed by the Bharatiya Janata Party to illegally knock down the homes and businesses of Muslims who dare to speak up. Some states have essentially made Muslim-Hindu relationships illegal, based on an absurd Hindu conspiracy theory that Muslim men are seducing Hindu women as part of a long-term plan to turn India into a Muslim nation.

The liberal Hindu elite, instead of acknowledging its role in enabling the sentiments on which Mr. Modi has capitalized, has done little to help, other than to ineffectually express nostalgia for a lost Hindu tolerance. And there is little that Indian Muslims can do within the political system: Although the Muslim share of India’s population has slowly grown to 14 percent, the percentage of Parliament members who are Muslim has declined to less than 5 percent today, compared with 9 percent in the early 1980s.

The Indian Muslim response to our subjugation has largely been a deafening silence. Many of us are simply unwilling to speak out against the Modi government’s bitter bargain: that for us to exist as Indian citizens, we must meekly accept historical revisionism, dehumanization and demonization.

This debasement, and the knowledge that you are essentially outside the protection of the law, kills something inside you. You take precautions to protect yourself. My mother no longer packs mutton for me to take back to Delhi after I visit her, as she used to. She’s afraid it will be mistaken for beef: Dozens of Muslims have reportedly been killed or assaulted by Hindu mobs on suspicion of killing cows — which are sacred to Hindus — or for eating or possessing beef. Muslim parents now routinely repeat a litany of don’ts to their children: Don’t appear Muslim in public, don’t reveal your name, don’t enter Hindu areas or travel alone and don’t get pulled into any potential confrontation.

While we caution one another to blend in, it’s difficult to reconcile with the whole thing. Each of us has something embedded in our sense of self and expression that is particularly painful to erase. And the sort of physical markers we are trying to hide are not even wholly specific to Muslims in India. My cousin likes to wear his Pathani kurta, but so do many Hindus. My youngest sister prefers to keep her head covered, but so do many Hindu women, although not with a hijab. I’m attached to using certain Urdu words that have long been a feature of India’s syncretic culture and have been used widely by Hindus, too.

Self-denial leads to deep frustration. Now during gatherings with friends and family, we avoid politics; discussing the elephant in the room only reminds us of our helplessness. The cumulative weight of all this has created a mental health crisis of fear and depression among Muslims. Yet because of a desperate shortage of mental health professionals in India and a limited understanding of our new reality by many non-Muslim therapists, many Muslims are left to cope on their own.

I was hesitant to write this essay. I am not supposed to protest, to speak up. When I sometimes do, posting online about it, the typical response is, “Go to Pakistan.” But why would I leave? I am an Indian. I was born here, as were my ancestors who opposed the religious basis of the partition with Pakistan and believed in the Indian ideals of secular democracy.

But many Muslims have fled over the years, emigrating to Australia, Canada, Britain, Turkey, the United Arab Emirates, Malaysia or elsewhere because of the worsening political climate. Many who can’t afford to emigrate are moving out of the predominantly Hindu or mixed neighborhoods where they lived for decades, to poorer Muslim areas for safety. Two of my Muslim friends and I used to own apartments in a suburban area near New Delhi where many upper-caste Hindus lived. But in 2020, after the discriminatory citizenship law was passed, a Hindu mob charged through the neighborhood baying for Muslim blood. My two friends soon moved out. I kept my apartment, but in the elevator one evening in 2022, I overheard two men discussing how many katua (a derogatory term for Muslims that refers to circumcision) lived in the area. I moved out the next day. Sadly, Hindu friends and colleagues of mine also have become colder and more distant and are dropping out of contact.

On June 1, India’s voting period comes to a close. It looms as a day of dread for Muslims like me. According to most projections, it will be another victory for Mr. Modi — and further validation of mob rule and the debasement of 200 million Muslims by a hubristic Hindu majority.

Mohammad Ali (@hindureporter) is an independent journalist and writer who divides his time between New York and India. He is writing a book on growing up in India as Narendra Modi and his party have sought to transform India into a Hindu nation.

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