Types of Divorce in India
Indian law provides two primary types of divorce:
1. Mutual Consent Divorce
When both spouses agree to end the marriage, they can file a joint petition. The process involves two court appearances with a 6-month cooling-off period (which can be waived). This is the fastest and least adversarial method.
2. Contested Divorce
When one spouse does not agree to divorce, the petitioner must prove specific grounds such as cruelty, adultery, desertion (2+ years), mental illness, conversion, or communicable disease.
Child Custody After Divorce
Indian courts follow the "best interest of the child" principle. Custody can be physical (where the child lives) or legal (decision-making). Joint custody arrangements are increasingly common.
Maintenance & Alimony
Under Section 125 CrPC (now BNSS), any spouse can claim maintenance. Courts consider both parties income, assets, and standard of living. Permanent alimony is granted in divorce decrees.
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