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Guide to Divorce Laws in India

Avik Chakravorty

For each and every religion in India, there are separate divorce laws. Both parties to the divorce can initiate the Divorce Procedure complying with the guidelines of the personal divorce law.

 


DIVORCE


When there is a dissolution of a valid marriage in a court of law, it's known as divorce. As and when a marriage falls apart, there are legal solutions available under the divorce laws for both spouses who have unresolved issues that cannot be sorted out amicably.   A top Divorce lawyer well versed with the divorce laws can assist their clients so that the clients are benefited. These days’ people are increasingly conscious about their rights and the divorce laws that act as guidelines.


With the rise in the number of divorce cases and the causes being the influence of the family and joint family waning and people being increasingly independent both from the psychological and financial perspectives. There may be times when things may be unresolved and often the marriageable adults take the flak from family and parents leading to their eventual calling off of their marriage owing to mismatch of wavelength.


In recent times divorce cases have been rising by leaps and bounds on a pan India basis. Besides the change in the status of the spouses as a result of the divorce laws, there are other issues involved including wife and kid’s maintenance, alimony, child custody, issues related to property as well. One can consult a divorce lawyer in India who can be of assistance in the divorce process. For every religion in India, there are separate marriage and divorce laws. Under the Hindu Marriage Act, 1955 which is essentially the divorce law sets the stage for obtaining a divorce complying with the divorce laws.


Read More: Divorce Law in India: Know Your Legal Rights


Besides these, a wife can take recourse of the additional grounds under the divorce laws to file for divorce The additional grounds include firstly, the husband indulging in rape or sodomy, secondly, solemnizing a marriage according to the Hindu Marriage Act, and yet the husband remarrying despite the first wife being alive. In such cases a divorce petition can be filed by the first wife, thirdly, if an underage girl before she turns 15 gets married and is in a state of denial that she ever got married prior to turning 18, fourthly, a year of non-cohabitation leading to the husband’s negligence in the fulfillment of the court-awarded maintenance judgment in favor of the wife. Taking into consideration any of the grounds, a wife can file a divorce petition in accordance with the divorce procedure provided in Indian divorce laws.


The Breakdown of Marriage Irretrievably

Included in The Marriage Laws (Amendment) Bill, 2010 are the divorce laws integrating another reason for filing for divorce according to the Indian divorce laws, known as the ‘Irretrievable breakdown of marriage’ according to the Hindu Marriage Act, 1955 as well as the Special Marriage Act, 1954. The term is suggestive of leading to a situation, whereby, the marriage partners either singly or jointly realize that cohabiting peacefully is impossible or there are telltale signs of mismatch of personalities leading to the split-up. In other words, the relationship isn’t working out for valid reasons and have been living apart for a protracted period of time and are disinterested in carrying on their matrimonial relationship.


Divorce Petition Filing


Filing of divorce petitions is done at the District Court according to the procedures for divorce law in the jurisdiction where

  1. The marriage took place according to the ceremonies and rituals
  2. The dwelling of both parties
  3. The residence of the other party when the petition is presented or
  4. The residence of the petitioner when the petition is presented in the event, the residence of the other party is beyond the jurisdiction of the Hindu Marriage Act 1955 or if there is no news of the party being alive for at least seven years or more

Divorce laws mandates that every petition ought to include:

  1. The party seeking a divorce can get relief based on the facts or details
  2. The parties have not colluded with the intention of deceiving the court by filing a frivolous divorce lawsuit. There has been absolutely no collaboration between the parties to file a frivolous Both the parties have not collaborated together to deceive the court by filing for a divorce,
  3. The petition’s averments are a contingent upon the petitioner or any other trustworthy person verifying the allegations

 

Suggested Read: How to File for Mutual Consent Divorce: Step by Step Divorce Procedure


You could consult a divorce lawyer on Vidhikarya for advice on how to go about getting a divorce.

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