Table of contents-

1. Divorce in India
2. Types of Divorce
3. Process of divorce
4. Indian Divorce Act
5. Divorce Lawyer

In India and other countries, Divorce is something big people become curious about. They have many questions regarding divorce like what things it involves, how people proceed with this, what circumstances make a couple of files a divorce, what difficulties they have to go through, and so on. So in this article, we would be talking about this topic.

A divorce is a legal action between a married couples to terminate their marriage relationship or we can say it is a formal ending of a marriage. This generally happens when husband and wife decide not to live together or they no longer want to be married to each other. There could be many reasons for divorce like Infedility, money problems, addictions, extraordinary situations, incompatibility, irreconcilable differences etc.

Divorce laws differ around the world but if we talk about major countries so in many countries divorce requires the sanction of a court or any other authority in this legal process, which may also involve various issues like distribution of property, child custody, alimony, parenting time, child support, division of debt etc. Divorce is different from annulment which declares the marriage null and void with legal separation. Therefore, Divorce and separation are two “different things”.

Since India is a secular country and here wide number of religions are freely practised. Also there are major religions practised which includes Hinduism, Islam and Christianity. In these religions marriages are in accordance with their religious rituals and ceremonies. Therefore, the matrimonial laws in India are essentially governed by personal laws depending on their religion.
Different Acts were made for this legal process in India-

For Hindus: Hindu Marriage Act 1955

For Muslims: Muslim’s marriages are a contract comes under Muslim law.

For Christians: Indian Marriage Act 1872 and the Divorce Act 1869

For Parsis: Parsi Marriage and Divorce Act 1936

All the above laws are applied throughout India.

Types of Divorce in India

Mutual Consent

When both the partners are not compatible with each other, and they decide for their good to dissolve their marriage relationship, here a mutual consent divorce can be obtained under section 13-B of the Hindu Marriage Act for Hindus, Sikhs, Jaina and Buddhists.

Although this procedure is easier than contested divorce as it is a legal process so it consumes time. If we talk about the time duration it takes, so after including all processes like counselling, settlement, documentation and two motions it may consume about 7 months in this whole process.

Legal requirements for mutual divorce consent-

• The couple must have been married for at least 1 year
• The couple must be living separately for at least 1 year
• The couple is unable to live together
• The couple has reached the consensus to get divorced

Contest Divorce in India

A contested divorce in India could also be known as a one-sided divorce. A divorce petition is filed by one spouse against the other and the other spouse contests before the court. It is a formal way of filing a divorce, it is generally exercised when mutual consent divorce is not possible.

In a contested divorce the process is longer than mutual divorce, the period may range from 3-5 years due to the complications and possibilities either party can challenge the decision in the court.

Contested Divorce has different stages

• Meeting with an Adviser
• Either spouse files a petition
• Appearance and Reconciliation
• Counter reply from the other spouse
• Discovery
• Settlement
• Trial
• Orders
• Appeal

Process of divorce

In Mutual Consent Divorce in India

• Joint filing of divorce petition involves in the first motion
• After filing the petition both husband and wife appear before the court to record their statements
• The court examines petitions, documents, record statements etc and after examining these court will pass on the order for the recording of statements on a vow
• On the first motion, the court passes its order
• A Cooling-off period is given by the court for six months so the couple so that could rethink their decisions
• Within 18 months of the First motion filing of second motion can be done
• Decree of divorce passed by the court in the final hearing

In Contested Divorce in India

• A petition is filed by either husband or wife stating all the facts and grounds for seeking a divorce
• After the court gets satisfied it decides to send a notice or summons the other party in the court and seeks a reply from the other spouse
• The court may suggest reconciliation and if it fails the court will continue with the process
• Both the parties will appear before the court on a fixed date, examination and cross-examination of witnesses and evidence will be done if any
• Counsels from both parties will present their final arguments in the court
• Decree of divorce passed by the court in the final earshot

Divorce under Muslim Law

There are two processes to seek a divorce in India under Muslim law-

Judicial Process (The dissolution of Muslim Marriages Act, 1939)

Under this process, Muslim women can seek divorce on the following grounds-

• Husband’s whereabouts have not been known for at least 4 years
• Husband failed to provide maintenance for at least 2 years
• Husband has been sentenced to imprisonment for at least 7 years
• Without any reasonable cause, the husband failed to comply with his marital obligations for at least 3 years
• The Husband treated his wife with brutality
• The husband was impotent, suffering through venereal illness or he is of unsound mind for at least 2 years

Extra-Judicial Process

• Talaq-i-ahasan: Under this process, the husband needs to pronounce talaq orally ‘only once’ during the period of the tuhr
• Talaq-e-sunnat:
• Talaq-i-hasan: Under this process the husband needs to pronounce ‘talaq’ 3 times during 3 successive period of this. Also, there should not be any sexual intercourse during these periods.
• Ila: The husband takes an oath that he will not have any sexual intercourse with his wife for four months, and after the four months the marriage will be dissolved.
• Talaq-i-Tafweez: Also known as delegated divorce, under this the husband delegates his authority permanently or temporarily to his wife
• Lian: If the wife has been charged falsely with adultery then she gets entitled to seek a divorce
• Khula(Divorce by mutual consent): If the wife agrees to give consideration to her husband to free her from the marriage, then it is considered as mutual divorce. It is the will of the wife.
• Mubarat: If both husband and wife don’t want to continue their marriage, so the divorce can be filed by either of them and if the other spouse accepts then the marriage gets dissolved.

Talaq-e-Biddat or triple talaq is not a valid divorce anymore. Under section 3 of The Muslim Women Act, 2019 triple talaq is considered as void and illegal. Triple talaq whether oral or written in any electronic form will be considered an illegal and non-bailable offence under this act.

Indian Divorce Act 1869

Indian Divorce Act 1869, this act came into existence on April 1, 1869. It applies to the entire country but the state of Jammu&Kashmir. It is one of the fewest Indian personal laws governing Christians. Since many laws have been made and applies differently to all religions, the Indian Divorce Act is also important as it affects the Christian community.

This Act mainly contains provisions like defining powers of courts, grounds for dissolution of marriages, custody issues, etc. It only applies to the people who belong to the Christian religion and should be residents of India only.

Grounds for dissolution of marriage

The husband or wife must file a petition before the District court. Section 10 of the Indian Divorce Act contains grounds on which the court may dissolve a marriage.

Following grounds

• When either of the parties commits infidelity
• If a party belongs to the Christian religion
• If either of the party is of unsound mind for 2 years
• If either of the party is suffering from venereal disease
• If either of the party has deserted the spouse for 2 years
• If either of the party is treating the spouse with cruelty

Divorce by mutual consent

Under Section-10 A, if both the husband and wife mutually agree to seek divorce then they can file a petition. For this purpose only the Parliament of India amended this Act to insert Section-10 A. Parties may file a petition for divorce in the District court. In order to file a divorce, they must have fulfilled all the above-mentioned grounds. The court may dissolve their marriage if the parties do not withdraw their petition.

Divorce Lawyer

Lawyers are sometimes displayed as stirring up domestic conflicts to build a fee. At best the lawyer is regarded as a necessary asset, in view of the increasing number of people involved in divorce the role of the lawyer is also increasing.
As the lawyer helps you best in all the consequences relating to a property, marriages/relationships, child custody etc., which cannot be handled by any one of us other than the lawyer. For divorce processes approaching an attorney is the best way.

Moreover, a divorce lawyer can serve as the go-between for you and your spouse. One can avoid personal contact to help make them easier to get through.

A lawyer helps to get divorce in India in many ways-

• Accounting for marital assets
• Illustrate property division
• Formulating a debt repayment plan
• Determining spousal support and other privileges
• Helping with custody plans
• Preparation with divorce papers
• Negotiating a settlement
• Representing in the court

You can contact an advocate for legal advice for a divorce case in India.

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Table of Contents

• What is a CIBIL score?
• How to check the CIBIL score?
• Key points about CIBIL score
• Range of CIBIL score
• How to improve your score?
• Positively affecting factors
• Negatively affecting factors
• FAQs

The Credit Information Bureau (India) Ltd, most popularly known as CIBIL, is the primary agency that provides credit reports and scores to each user. With the help and information of the financial condition of the users from leading banks and other financial organizations in the country, CIBIL sort outs all the data and provide scores based on the data collected like previous loans history or credit card data. It was founded in 2000 and is expanding to date throughout the country. It has the support of TransUnion International and Dun and Bradstreet, the major global credit bureaus and agencies.

What is a CIBIL score?

A Reserve Bank of India (RBI) authorized credit agency, the Credit Information Bureau (India) Ltd, offers CIBIL scores and CIBIL reports to its users. The score is calculated using the user’s credit details. It also provides credit report services to banks and other non-banking financial companies (NBFC). A CIBIL score consists of three digits, usually ranging between 300 and 900, 300 being the lowest score that can express a person’s creditworthiness. Higher the score, the more benefits one will have. It is calculated based on your financial data from the past six months. The data is fed to an algorithm having 258 different variables, each having its importance.

CIBIL score has its own importance, such as-

• Higher quantum of loan
• Easier loan documentation process
• Flexible and extended repayment tenure
• Lower interest rates on loan
• Quicker loan application process
• If you have a score between 700 and 900, you can expect up to 80% of the total cost of property for a home loan.

And… It has its own benefits, like-

• High credit limit
• More chances of your loans getting approved
• Lower interest rates for your loans

How to check the CIBIL score?

• Visit the official website https://www.CIBIL.com/. Click ‘get your CIBIL score’.
• Select ‘Click here to get your CIBIL score.
• Fill in your name, email ID, password, PIN code, date of birth, and phone number. Attach an ID proof (passport number, PAN card, Aadhaar or Voter ID).
• Press ‘accept and continue’.
• Fill in the OTP you receive.
• Go to the dashboard to view your score.
• You will be redirected to the website, myscore.CIBIL.com.

Key points about CIBIL score

• 750 score is considered an ideal score.
• Credit cards and loan payments have the greatest impact on the scores.
• Try to keep your utilization ratio at 30.
• It is advised to get a credit card with a high upper limit.
• Have a good balance between secured and unsecured debt (A credit card is an unsecured debt while a car loan is a secured debt).

Range of CIBIL score

• NA/NH – Not applicable or no history. You have never used a credit card before until this stage.
• 350-549 – A bad score due to unable to pay the loan EMI or credit card bill on time. Lower chances of getting a loan at this level.
• 550-649 – A fair score. Only a few lenders will grant you a loan at this stage. Interest rates will be very high on your loan.
• 650-749 – A good score. Avoid the delay in paying the bills on time to increase your score to a higher extent. You still may not get the best offer available.
• 750-900 – An excellent score. It indicates you pay your bills on time and brings you the best offer that a bank or credit card company can provide.

How to improve your score?

• Check your CIBIL score regularly
• Monitor your score
• Check if the previous CIBIL report has any errors in it
• If your score isn’t more than 750, you should restrict using your card very often
• Have a higher upper limit of your credit card
• Complete your payments of the bills on time
• Never pay partial amount while paying any bill

Positively affecting factors

• Check your score regularly
• Avoid over-leveraging
• Have a good balance of secured and unsecured debt
• Maintain a low utilization of your credit card
• Pay the credit card bills on time
• Pay the loan EMIs before the due date
• Never do a partial payment while paying your bills
• Maintain a clean financial record
• Have personal copies of the credit report
• Check the report and make sure there are no errors

Negatively affecting factors

• Converting a defaulter as a guarantor
• An irregular pattern of payments
• Not checking your credit score from time to time
• Not examining your report thoroughly
• Maintaining a high credit utilization record
• Having low or no credit record history
• Avoid making several inquiries
• Becoming a defaulter for not paying the bills at a time
• Having a pile of unsecured debts
• Closing old accounts which have a long history
• Getting rejections for your loan multiple times
• Closing credit card with a high upper limit
• Requesting to increase the card limit again and again
• Not solving the error in the reports

FAQs

Will opting for a credit card decrease my CIBIL score?

If you have a zero-balance history on your previous credit card, then no need to worry, and you can close it without any issue. If your credit card with a record, then it will affect your score.

Does zilch credit mean a good score?

If you think ignoring loans will make your score perfect, you are very far from the truth. No loan record directly indicates no transaction records and no points awarded.

Is it possible to check the CIBIL score without paying any fee?

No, CIBIL requires you to pay the fees for viewing the CIBIL report. The CIBIL score can only be obtained after the payment of the fee.

Can CIBIL score change?

If your financial information changes, the score will also change.

Who can access my CIBIL score?

It can only be accessed by CIBIL members like banks, lenders, you and some authorized organizations.

Is PAN required for checking the CIBIL score?

PAN is required in every financial task you will do. PAN is used as the most crucial tool in differentiating all individuals.

Can I delete or amend my credit info by myself?

No, you cannot make any alters to the CIBIL score by yourself. If you have any issue with the CIBIL score, inform the authorities immediately after examining the CIBIL report.

What is the minimum score required for the approval of home loans?

The credit score/report is a part of the loan application review. The banks have the liberty to take an independent decision based on their records as well.

For how long CIBIL keeps the record?

Any data older than seven years is not included in the current CIBIL score or CIBIL report.

How often are the CIBIL reports updated?

The reports are processed every 45 days.

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Table of Contents

• How to link the mobile number with Aadhaar?
  1. Online
  2. Offline
     1. Using IVR (interactive voice response)
     2. Using SMS
• Is it mandatory to add a mobile number with the Aadhaar card?
• How to add a mobile number in the Aadhaar?
• What is the process of getting a new SIM card with Aadhaar?
• Frequent problems that occur while linking mobile number with Aadhaar

With the rapidly growing technology in India, it is now possible to get every update on our hands. It was in the year 2009, India launched its futuristic biometric system, Aadhaar. Thanks to our telecom operators, now we can link our Aadhaar to our mobile numbers just by sitting at home. Sounds so easy, right? Well, it is easier than it sounds.

How to link the mobile number with Aadhaar?

We can link our mobile number with the Aadhaar by two means:

• Online
• Offline

Online

• Step 1:- Visit your mobile network operator’s official website.
• Step 2:- Enter your mobile number that needs to be linked. You will receive an OTP.
• Step 3:- Submit the OTP and then proceed further.
• Step 4:- A pop-up will flash on your screen where you need to enter your Aadhaar number.
• Step 5:– Enter the fresh OTP again and verify the e-KYC details.
• Step 6:- Accept all the terms and conditions. On completing the steps, a confirmation message will come to your registered mobile number regarding the link process that you have done.

Offline

Using IVR (interactive voice response)

Both telecom users, prepaid and postpaid, can use the IVR services. Just follow the steps to link your mobile number with Aadhaar:

• Step 1:- Dial the toll-free number 14546 from any mobile number.
• Step 2:- Input the number that fits your citizenship as asked by the operator.
• Step 3:- Enter the 12-digit Aadhaar number.
• Step 4:- To confirm the Aadhaar number, press 1.
• Step 5:- Enter the mobile number you want to register with the Aadhaar number given in Step 3.
• Step 6:- Give consent so that the telecom operator can access your name, photo and date of birth from the UIDAI database.
• Step 7:- Enter the OTP. Then, press 1 to confirm the process.

Using SMS

• Step 1:- For this, you have to visit the nearest store of your telecom operator.
• Step 2:- You need to provide a copy of the self-attested Aadhaar card.
• Step 3:- Provide all the correct details asked by the telecom executive.
• Step 4:- Provide the 4-digit OTP that came on your mobile number and your biometrics to the store executive.
• Step 5:- Now you can sit and relax. After 24 hours, a confirmation message will flash on your mobile. You need to reply with “Y” to complete your linking process.

Is it mandatory to add a mobile number with the Aadhaar card?

It is not mandatory to add a mobile number/email to the Aadhaar card as per Unique Identification Authority of India (UIDAI). However, they recommend adding a mobile number to get essential updates of Aadhaar Online Services and to use the Self Service Update Portal (SSUP).

As per the amendments of the Telegraph Act, 1885, telecommunication users can use their Aadhaar cards as a KYC (Know Your Customer) document. But, it is not compulsory. Earlier, if the mobile number was associated with a particular Aadhaar number, it was termed verified. Due to security reasons, this does not happen anymore.

How to add a mobile number in the Aadhaar?

You cannot add the mobile number on your own. You have to visit the nearest enrollment centre so that the supervisor can add your demographic details. To locate the nearest enrollment centre, visit the official UIDAI website. There is no need to take the original documents (if your documents are already submitted; if not, then do take them along with you). The supervisor will register your number successfully for getting the updates.

Even if you want to update your mobile number (in case, you have lost your mobile phone or any other reason) on your Aadhaar card, you still have to visit the enrolment centre. The authorities will charge you for this because you are making an update on your application. Once the process gets completed, you will receive a URN (Update Request Number). With the help of URN, you can track the status of your request.

What is the process of getting a new SIM card with Aadhaar?

• Step 1:- You need to visit the telecom store where you want your new SIM card and ask for the same from the store executive.
• Step 2:- Provide your Aadhaar as the ID and address proof.
• Step 3:- The store executive will then take your biometrics for the process completion.
• Step 4:- You are provided with a new SIM card that will activate in an hour or two.

Frequent problems that occur while linking mobile number with Aadhaar

What to do when one is not receiving OTPs?

Due to network error, sometimes there is a delay in receiving the OTPs. One can try to restart the phone or put the phone in aeroplane mode to get the OTP. If the OTP is still not coming, contact the mobile operator’s customer care and inform them about the issue.

It has been 48 hours, and my mobile number is still not updated. What to do?

It generally takes up to 10 days to update the mobile number. Keep track of the updates that will come to your registered mobile number.

Do I need to carry any documents of proof while linking the mobile number?

No, you need not carry any documents while linking the Aadhaar card with the mobile number.

The Aadhaar of my family member got linked to my mobile number. Can I still use that particular mobile number?

Yes, a single mobile number can be associated with two Aadhaar cards. There is no information regarding how many members can use the same mobile number. At present, no need to worry if a single mobile number got linked to two Aadhaars.

Can I use any app to link the Aadhaar with my mobile number?

m-Aadhaar is the app meant for downloading Aadhaar, updating the address and visiting the store in an offline mode. It does not link your mobile number with the Aadhaar. For linking the mobile number and Aadhaar, one has to follow either the online method or the offline one.

The store executive was asking for fees for linking my Aadhaar and mobile number. What shall I do?

The Aadhaar-mobile number link is free of cost. One has to pay the fees only for the mobile number update at the Aadhaar enrolment centre.