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Deciding that your marriage is over can be difficult. When marriages break down, there is a need to resolve other problems as well, such as child arrangements or financial matters.
Divorce is the legal dissolution of marriage. Under the Indian Divorce Act, separation is granted by a court of law after receiving a petition from either the wife or the husband. After a divorce, alimony, child custody, visitation, distribution of assets, and distribution of debts are dealt with.
India is a secular country and a large number of religions are practiced freely. So many religions are practiced including Hinduism, Islam, and Christianity. People solemnize marriages according to religious rites and ceremonies, which are mostly codified by statutory personal laws.
The Indian Divorce Act was framed in the Indian legal system in 1869. Divorce rules and procedures in India vary depending on the community of the couple.
The divorce between Christians as stated above is governed by the Indian Divorce Act, of 1869, Hindus, Buddhists, Sikhs, and Jains by the Hindu Marriage Act, of 1955, and Muslims by the Muslim Marriage Act, of 1939. Parsis by the Parsi Marriage and Divorce Act. , 1936. and civil and inter-community marriages through the Special Marriage Act, of 1956.
The State of Jammu and Kashmir is excluded from the purview of this Divorce Act, even if the resident resides in other states but those residing in Jammu and Kashmir will be eligible for these rules and provisions.
Section 13-B of the Hindu Marriage Act, 1955 provides for divorce by mutual consent in India. The concept is relatively recent compared to contested divorce as it was only enacted into law in 1976. This provision allows the parties to reach a divorce settlement and the court only plays the role of administrative assistance. The terms of divorce should be decided by the parties. Since the involvement of lawyers and the court is relatively less than in a contested divorce, divorce by mutual consent appears to be much less expensive and faster than a contested divorce.
Divorce without mutual consent is also often known as fault divorce or contested divorce. Section 13 (1) and (2) provide for various grounds on which a suit for divorce can be filed before a court of law, the difference being that under Section 13 (1) both parties can file a divorce petition but Section 13 (2) only allows the wife to file a divorce petition. is allowed.
The various causes under Section 13 (1) are infidelity, cruelty, desertion for a period of two or more years, insanity, venereal disease of an infectious nature, renunciation of the world, and conversion.
Article 13 (2) includes rape, sexual abuse or cruel treatment by the husband, non-compliance with maintenance orders by the husband, and minor marriage rejected by the woman before she reaches the age of majority. 18 and their husband imprisoned as a habitual criminal.
Article 13 (2) gives special rights to women for divorce in India. The aim was to address the long history of women's domination and subjugation by patriarchs over the centuries.
The Marriage Laws Amendment Bill, 2010, which has been approved by the Rajya Sabha but is yet to be passed by the Lok Sabha, provides for the inclusion of Article 13C in the Hindu Marriage Act which, if enacted, would provide for irrevocable annulment of marriage. Although this provision has not been formally implemented, the Supreme Court has, in exceptional cases, granted a divorce on grounds of irretrievable dissolution of marriage.
Following is some advice on divorce;
The following are some constituents of divorce:
In the event of a divorce by mutual consent, the parties are free to decide how to divide their marital property. However, if there is a lack of agreement as to how the property is to be decided, the court may assist the parties in doing so. However, the partition can only be claimed on joint marital property and not on the spouse's personal self-acquired property. Under the Hindu Succession Act, of 1956 a Hindu woman can claim her property after the death of her husband.
Section 125 of the Criminal Procedure Code provides for maintenance to wives and maintenance provisions also exist under the Hindu Adoption and Maintenance Act, of 1956. For this, the court will consider the assets and remuneration of the husband.
The Guardians and Wards Act, of 1890 is the principal law governing aspects of custody and guardianship in India. Custody of a child can be either sole/exclusive (where only one parent has custody, although the other parent may have visitation rights), shared/joint (where both parents have custody), or third-party custody (where neither the mother nor the father gets custody). Children below 5 years of age are usually given custody of the mother.
Under the Muslim Women (Protection of Divorce Rights) Act, 1986 I have given custody of the children below 2 years to the mother and then to the father, but The custody of the daughter rests with the mother.
Following are the documents that are required for divorce in India;
Evidence of conciliation efforts between the parties. This can be in the form of letters or emails or transcripts of telephonic conversations.
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