What is Divorce?
A divorce is the legal dissolution of a marriage by filing a petition with a court. A divorce decree is a legal order that ends the matrimonial union of spouses. It also terminates the entire marriage. It involves not only the seperation of the husband and wife but also the division of assets and property and the custody issue. Indian divorce laws and procedures vary depending on the religion.
Two types of Hindu law divorce are available:
Mutual Divorce Section 13-B of the Hindu Marriage Act governs mutual divorce. The name implies that mutual divorce is a legal process in which both parties (i.e. The husband and wife must agree to peaceful separation and express their consent. If there are issues related to child custody and alimony, the husband and wife must agree to it. Two requirements are required for a mutual divorcement: one must be by mutual consent, and one must require that the spouses live apart for at least one calendar year.
Contested divorce: When one spouse initiates a divorce, it is called a Contested Dissolution. The grounds for a contested divorcement are listed in Section 13 of the Hindu Marriage Act 1955. These include cruelty, conversion to religion, unsound mind and communicable diseases.
What is the meaning of “irretrievable marriage breakdown”?
An irretrievable breakup of a marriage is when the spouses cannot live together happily and comfortably. It is a irretrievable breakup of the marriage when the marriage is in ruins. There are situations where the husband or wife are not in love, they live apart, fights are common, or one spouse is involved in an extramarital affair. These are all signs that the marriage is at risk.
There is currently no codified law that allows for irretrievable separation of marriages as a basis for divorce. This is different than mutual consent because it doesn’t depend on the will of the parties, but the court examines whether the marriage can still be saved based on facts or evidence.
According to the Supreme Court, divorce cannot be granted on grounds of irretrievable marriage breakdown if the spouse seeking the divorce is at fault. If both parties have made such accusations against one another that the marriage seems to be dead and cannot be maintained together, it can be granted. “
What grounds are there to get a contested divorcement?
Section 13 of the Hindu Marriage Act 1955 explains how contested divorce can occur.
Adultery- This is a crime in which one of the spouses has sexual relations with another person outside of the marriage.
Cruelty – This is a willful act which can pose a danger to the body, limb or life of another person. It could include inflicting pain, torture mentally or physically, as well as causing harm to body, limb, or mental health.
Desertion – A spouse who abandons their partner without any intention of returning is called Desertion. Desertion that lasts more than two years can be grounds for divorce.
Religion Conversion In a Hindu marriage, it is possible to consider the dissolution of the union if one or both spouses cease to be Hindu.
Mental Disorder – A mental disorder is unsoundness, mental illness or any other mental disorder that makes the person aggressive.
Communicable diseases and Leprosy – leprosy can be contagious and chronic and causes nerve damage and skin lesions.
Spouse not known- If a spouse has not been heard from in seven years, it may be grounds for divorce.
Renunciation of the World- According to Hindu Law, the “Renunciation of the World” is grounds for divorce if one of the spouses has renounced the entire world and entered a holy order.
The wife can also file for divorce on the following grounds:
Husband was convicted of rape and sodomy.
The wife was married before she turned fifteen.
A court has issued a decree or order granting maintenance to the wife. They have not lived together for more than one calendar year.
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