Divorce is the discontinuation or the dissolution of the marriage. Through the process of ‘dejure’ separation or divorce, a married couple can legally end their marriage. However, it is different from annulment which only nullifies the marriage contract. Divorce allows for cancelling or rearranging the responsibilities and legal duties of marriage. It dissolves all contracts that the marriage entitles to the couple.
The recent years have seen increasing growth in divorce rates. The laws regarding divorce have changed considerably over the years. Divorce law involves all issues related to marriage. It involves issues related to child custody, distribution of property, alimony, child support, parenting time and the division of debt. Divorce also allows former partners to remarry and form a family.
The divorce rates have been growing alarmingly in the metro cities of India. The past decade saw an increase of divorce in the Indian metros. A recent report by Times of India claims that 40% of marriages in Mumbai and Delhi end in divorces. The divorces remain one of the growing social concern in Indian societies today.
According to Mint.com, a web-based independent media platform, divorce in the state capital Delhi has been increasing in double digits. The reasons vary from dissatisfaction to domestic violence. The changing laws have empowered women to fight for their rights and have allowed them justice. Divorces have relieved women of their burden and subjugation to rights. Divorce laws govern all aspects of marriage and its rights in India. Divorce in India is allowed under three different circumstances. These are ‘Divorce by mutual consent’ which allows both the parties to mutually separate and dissolve the marriage. ‘Divorce without mutual consent’ or ‘contested divorce’. This divorce looks into matters relating to cruelty or domestic violence, desertion, conversion of either party, adultery and divorce due to ailments or mental or physical disorders. The third divorce if the ‘Void Marriages’ or illegal marriages are also reasons where a spouse can divorce their partner.
Under Section 13-B of the Hindu Marriage Act, 1955 offers divorce to all religious and social communities in India expect the Muslim community. The Special Marriage Act 1956, allows the divorce to inter-caste marriages and special marriages. The Foreign Marriage Act 1969 offers divorce solutions to partners of other nationalities. There are laws regarding domestic violence and women safety. These laws also empower women to file a divorce. The Indian Divorce (Amendment) Act, 2001 also allows legal separation. The Protection of Women Under Domestic Violence Act (D.V. Act), 2005 also allows the women to file a divorce on grounds of a contested divorce.
Lawyers in Delhi offer divorce solutions through the above mentioned legal divorce procedures. All matters relating to divorce and its subsequent authorities regarding alimony, property rights, custody of child rights are also advised by divorce Lawyers in Delhi. Divorce Lawyers in Delhi are also competent enough to offer credible advice regarding filing of divorce, claiming alimony and other rights as entrusted by the Marriage and Divorce Acts in India.
Neha Roy Choudhury