Can Woman Get Divorce Without Going Court? 91-8877001993

The typical method of pursuing a divorce through the legal system can be costly, time-consuming, and unpleasant. Divorce is a difficult and emotional process. In nations like India, where legal proceedings can be drawn out and complex, many people ponder whether it is possible to get a divorce without going through the regular court system.

Divorce in India: About

• Religiously based personal laws, such as the Hindu Marriage Act of 1955, the Muslim Personal Law (Shariat) Application Act of 1937, the Indian Divorce Act of 1869 (for Christians), and the Parsi Marriage and Divorce Act of 1936, regulate marriage and divorce in India. 
• These provisions specify the entitlements of husbands and wives, the reasons that can lead to termination of the union and methods to obtain such termination.
• For divorce, an individual often seeks a family court, which is situated in almost all jurisdictions and makes its ruling based on conflicting information and corroborating proof or on agreement of both parties.
• The term ‘divorce without court’ can be difficult to adhere to given that a suitable order to dissolve a marriage will in most cases necessitate the participation of a court in India. Other methods however, are capable of reducing the extent of the court’s role, or eliminating it altogether.

Can Woman Get Divorce Without Going Court?

Mediation and Arbitration:

• Couples can also settle any differences they may have without resulting to the courts by using procedures such as mediation and arbitration. 
• In this case, the impartial mediator or arbitrator helps resolve specific issues concerning the divorce at hand such as in the case of financial settlements or custody of children.
• In India, it is only the family court which has the jurisdiction to grant a legal divorce, thus even though mediation might help in fast tracking the process, the parties will still have to present the final agreement in court. Nevertheless, mediation can significantly reduce the time and emotional stress associated with long drawn-out lawsuits.

Online Dispute Resolution:

• The increased access of the general public to the internet has led to the increase of ODR services. There is now no need for couples to attend court sessions in person whenever there are divorce-related issues, thanks to the mediation and negotiation space offered by ODR.
• In India, it is reported that certain family courts have started recognizing the benefits of ODR and allow the users to file letters of agreements reached in the activity via the said process.
• Just like in mediation and other forms of dispute resolution, ODR is effective, however there is a need for a family court to endorse the agreement reached. This means that the conditions of the law must be complied with, regardless of whether the particular activities are done physically or not.

It might appear that avoiding the court process for divorce is the best option, but Indian laws do not allow for divorce to be completely court free. Applications for a divorce will still require court orders even if the husband and wife have amicably resolved their differences through mediation or other processes. Nevertheless, opting for a mutual divorce, employing mediation or ODR, and seeking waivers of the waiting periods can help in significantly reducing the strain, time, and cost that couples would ordinarily incur during divorce processes.

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