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What is Divorce?

It is a formal bifurcation and a full stop to the married. Anyone who splits up their wedding by divorce in the court means the spousal relationship is officially over.

Timeline for getting divorced, the divorce act clearly describes that no court will hear a divorce petition within one year after the marriage.

Foremost significant causes to acquire divorce:

Entrancing into a sexual connection accompanied by other men or women, even after the Wedding.
Cruel behavior or violent acts towards their companion subsequent the knot.
Pressurizing the spouse to switch to a different religion
A psychiatric condition with a hopeless position of recovery from an unstable intellect, therefore the defendant could not survive with him or her.
Down with incorrigible diseases that ought been sexually transmitted diseases or suffering from Hansen’s diseases.
Refrained off spousal responsibilities to annex into any religious monk or saint.
Presuming that person is acknowledged not to be alive for about seven years or extended beyond that.

What are all specific Credentials needed to file for separation?

Wedding Certificate.
Address Proof - for both.
4 copies of Wedding Photo.
Income tax statement of last 3 years.
Occupation details.
Earning details – latest payslip
Particulars about property and Asset owned.
Details of the family (both the spouse).
Proof of living apart for over a year.
Confirmation of unsuccessful tries at reconciliation

Categories of legal separation:

Mutual Consent

Particular about Judicial Separation by Willingful Endorsement:

Separation by bipartite endorsement is a legitimate process to bifurcate the wedding, where the partners feel they need to split up after their wedding upon their distinct willingness. Both of them can apply for the separation upon their desire. The Hindu Marriage Act 1955 paves the method of approach for the judicial breakup according to the partner's willingness that falls beneath the division 13B. Although the companions expect to break up the knot that binds them, they need to hold on a minimum of one year since their wedding.

How long will it take to get separated by Mutual Assent?

Those who want annulment by mutual consent first they should produce their legal appeal as an affidavit on the domestic relations court. Both the spouses ought to address their statement in the domestic relations court once they appealed. Furthermore, the jurist will postpone contention roughly by six months. Again one and the other claimants necessitated appearing to uphold their declaration of willingness for detachment by the courtroom what they disclosed six months ago over the time of the initial hearing. Judicature of Court of Justice gives disclosure of separation at the moment the appellants confirm their declaration.

Appellants possess the authority to retreat appeal throughout the opening hearing. In a context where one person wants to withdraw a plea regarding the unsettled trial, that person must disclose that they don't want to get separated in the tribunal's sight. Meanwhile, the petition is pending in the court during the first six months. Anyone among partners has the entitlement to withdraw the mutual fondness by requesting the court, citing he or she doesn’t need to divorce. Therefore the jurist will not grant the divorce.

Particular about Consent Divorce:

Consent Divorce falls beneath section 13 in the event of any one of the spouses requires acquiring a divorce from their spouse; he or she can file the divorce in the court of domestic relations. But the reason they ought to mention in the petition should be any one of the legal reasons as per the law otherwise, the judicature probably will forsake that petition during the first hearing itself.

Incompatibility between the couple and/or irretrievable breakdown of the marriage is not yet valid for filing a Contested Divorce as per the Hindu Marriage Act in India.

How long will it take to get a divorce by consent?

At first, the husband or wife who wants to get a divorce needs to convey an official notice for seeking a divorce from his or her spouse. Then the petitioner has to file the petition in the family court. The petition must be submitted, accompanying appropriate papers along with proper proof to affirm the allegation of the applicant. The court issues official notice to the respondent to present them in front of the bench. The petition is registered by resisting respondents with evidence and legal papers. Appearing in front of the family court is entirely relying on the respondent's wish. The person needs to respond to the family court whether or not he/she wants to appear in front of the judicature. If they opt not to appear for the proceedings or neither don’t wish to proceed for divorce, then the court proceeds with the absence of ex parte.

Once legal procedures are over with the help of Divorce Lawyers, then the court goes on with the further proceeding of the trial to probe conflicts amidst the spouses. Both of them have to report their proofs of allegations and the claims in the family court. Thenceforth N number of trials will be occurring to examine submitted evidence plus documents surrendered by both sides. When all hearings are over, then the court states its adjudication. And the court specifies on what basis the bench has come for this judgement then announces the decrees. If the petitioner and respondent make mind up to breakdown their nuptials on mutual understanding during the hearing, the court dispenses a divorce decree based upon those provisions.

Entrust of child custodianship since the divorce:

In Mutual Consent Divorce, responsibility for the child can be collaborative, their choice entirely rests upon the understanding among the couples.

In the case of consent divorce, the court will issue the judgment regarding the child custodianship. Also, the court has full rights to withdraw or change the custodianship at any moment.

Child Custodianship correlated with Hindu Laws:

As a renowned Divorce Lawyers we mention enactment below which provides details regarding the child custodianship where parents get divorced. Those acts function for the people of Hinduism and also Buddhism, Sikhism, and Jainism.

The Hindu Minority and Guardianship Act of 1956
The Guardians and Wards Act of 1890

Following are some general regulations regarding child Custodianship appropriate to Hinduism: Inevitably, if a child is beneath the age of five or below, the child will be handover to the mother.

Conforming to the Hinduism Law, norms are stating the father will perform the custodian role, male parent is having full rights over the child. The male parent has full tutelary rights over the children who fall under the category of minors aged five and below 18 years.

These rules are systemized by the Hindu Minority and Guardianship Act of 1956, beneath Section 6. If the minor is an outlawed child, then the precedent laws are not appropriate. Assuredly the female parent of that child will possess authority rights on the child. The conclusive comment of the guardian entirely relies on the preference of that child. The court will appraise the decision on the ground of child aspire to go with father or mother. Every rule and regulations related to guardianship will be excluded when it badly impacts on child prime preference.

Lastly, the judiciary determines to whom either father or the mother should hand over child-rearing rights and permit the other parent who is not a guardian to visit the child.

On the occasion that the determinants are incapable or averse to take responsibility for the child, the court handovers the onus to close relations. As that the child's intimate affinity is also not capable of taking over the parental onuses of the child, then the court confers the custodianship to a third person who capable of that.

Some rules exist to handover the authority over the child, due to the following reasons the court will not hand-out the rights over the child to:
People with awful and poor conduct because that will inhibit to bring up the child in an excellent manner.
People who converted into another religion from being in Hinduism.
The person refrained from regular life and transformed to be a saint.
Those who are incapable of accomplishing child development in the best way even if it is the child’s own father or mother.

Child Custodianship correlated with Muslim Laws:

Muslims have their own personalized rules, along with they also follow the Guardians and Wards Acts 1890. Even though Muslims do not have customized laws regarding child custodianship, the court will consider the child’s welfare and safety to grant authority over the child with specific rules.

Following are the rules to be followed regarding custodianship of an Islamic child:

In Shia Islamic Law, The mother has custodianship rights over her child till the child attains the age of two years if it’s a boy and seven years if it’s a girl.

In Hanafi Islamic law, The mother has the custodianship rights over her child until the child attains the age of seven years, if it's a son as well in the case of the daughter, then it's up to the time of the girl attains her puberty.

The child's guardianship will be handover to the male spouse when the male child turned to seven years as well as when the female child attained puberty.

The father will have custody of the child if the child's mother is up with remarriage after the divorce.

The child’s interest will be substantiated by whether he or she can comprehend their concern. The child's awareness will be validated to know whether they have taught these things or it’s their very own wish.

In Islam, they pursue absolute essentials in choosing a person to confer guardianship over a minor. Upon the below-mentioned sequences, custodianship over the child will not be provided to:

Those with engrossing by awful character.
those who have converted from Muslim into other religions
An individual who has a mental illness.
a woman who has marital status with forbidden relations.
Those who are incapable of accomplishing the child's development adequately.

Child Custodianship correlated with Christians Laws:

In Christianity, they adhere ordinance of the Indian Divorce Act of 1869 and the Guardians and Wards Act of 1890 about the custodianship of a child.

Section 41, 42 and 43 of the act deals with child custody if the particular religion doesn’t have any laws separately regarding child custody if the parents are acquiring a divorce.

The judicature has whip hand to scrutinize concerning the possession of juvenile. To protect the child, the court will discharge its potential to examine the child's tutelary before its conclusion.

Various Indian Laws for Divorce based on the religion:

Special Marriage Act of 1954 - Characterize the ways to proceed for legal separation for inter-religious married people.
Hindu Marriage Act of 1955 - Describes regulations concerning opting legal judicial separation for Hindus and also for people associated with Sikhism, Buddhism, and Jainism.
The Indian Christian Marriage Act 1872 along with the Indian Divorce Act of 1869 - Defines the formalities and protocol for Christians who opt for legal separation.
Dissolution of Marriage Act of 1939 and The Muslim Women (Protection of Rights on Divorce) Act of 1986 along with Personnel laws of Divorce - Regulations to Muslims for opting divorce.
The Parsi Marriage and Divorce Act 1936 - Define the Parsis procedures for proceeding for the divorce.

Indian Laws for Divorce Based on Various Religion

Causes to break up up a wedding Hindu Marriage Act of 1955 ( Applicable for Hindus, Buddhists, Sikhs, and Jainism) Indian Divorce Act of 1869 (viable for  Christians) Dissolution of Marriage Act 1939 ( Applicable for Muslims) The Parsi Marriage and Divorce Act of  1936 Special Marriage Act of 1954
( Applicable for Inter-Religious Marriage)



Religion Conversion



Mental Illness

Affected by Sexually Transmitted Disease

Irrecoverable Hansen's disease


Fail to Fulfill Spousal Responsibilities







Husband failed to look after maintenance





Absconding of Husband or Wife

No mean of cohabitation following the legal separation

No manner of conjugal rights after the court order

Not heard or witnessed of being alive



Renouncement in reach of  religious sequence





Spouse Incarceration


Earlier Marriage




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