Divorce laws in India - Divorce lawyers in India

We Help You File Transfer of Petition in Supreme Court.

Call Ph no 9873628941 or Email: [email protected]

Divorce laws

(l) Any Any marriage which is solemnized, whether before or after the commencement of the Hindu marriage Act, may be Dissolved by a decree of divorce, by either the Husband or the wife presenting the petition on the following grounds:
(i) Firstly having had voluntary sexual intercourse with any person other than his or her spouse

(ia) Secondly has treated the petitioner with cruelty after marriage; or

(ib) Thirdly: has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or

(ii) Fourthly has changed is religion and has ceased to be a Hindu by conversion to another religion; or

*(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

Explanation: In this clause-
(a) the expression "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;

(b) the expression "psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub� normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment; or

(iv) has been suffering from a virulent and incurable form of leprosy; or (v) has been suffering from venereal disease in a communicable form; or (vi) has renounced the world by entering any religious order; or
(vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, and that party been alive;

Explanation.- In this sub-section, the expression "desertion" means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the willful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly;

(lA) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground,-
(i) in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner;
Provided that in either case the other wife is alive at the time of the presentation of the petition; or
(ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality; or
(iii) that in a suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956, or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (or under the corresponding section 488 of the Code of Criminal Procedure, 1898), a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards; or
(iv) that her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.

Explanation.-This clause applies whether the marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act 1976.

1. Corresponding law. This section corresponds to s. 27 of the Special Marriage Act 1954, s. 10 of the Divorce Act 1869 and s. 32 of the Parsi Marriage and Divorce Act 1936.

2. Object and scope. The object of this section is to specify the grounds on which a decree for divorce may be obtained by a party to the marriage. This Act is the first Central legislative interference in the customary law of divorce among Hindus. It provides for the grounds of divorce. This section has two parts, the first part dealing with the right of divorce by either party to the marriage, and the second part dealing with the right of divorce by the wife only. The first part of this section places both the husband and the wife on equal footing so far as the right of divorce is concerned. The second part places the wife in a privileged position for the purpose of divorce. The ground of divorce as specified in sub-secs. (1) and (3) of s. 13 are identical to those of judicial separation under s. 10 of the Act. Thus, s. 10(1) and sub-secs. (1) and (2) of s. 13 stand on the same and one legal platform.

The Act protects the customary divorce which is outside its scope and not dealt with in specific terms. This will be evident from the provision of s. 29(2) of the Act. It is enough for the exception in s. 29(2) of the Act to operate to prove that there has been as a fact such a customary divorce or dissolution of a Hindu marriage. It is necessary for the parties to such a divorce or dissolution of the Hindu marriage to go again before the court under s. 10 or s. 13 of the Act and obtain sanction of the court in order that this divorce or dissolution may be rendered valid. The words "Nothing contained in this Act shall be deemed to affect any right" in s. 29(2) of the Act clearly indicate the limited scope of s. 13 of the Act, limited in sense that it will not override the provisions in special enactments conferring right to obtain dissolution of the Hindu marriage.

In P.C. Prema vs A.P. Sreekumar the Supreme Court held that the marriage between the parties was rightly under s.7 of the Madras Marumakkathayam Act 1933 and the husband was directed to pay rupees one lakh as ex gratia compensation to the wife.

Lord Denning in Landmarks in the Laws has observed: There is no longer any binding knot for marriage. There is only a loose piece of string which the parties can untie at will. Divorce is not a stigma. It has become respectable. One-parent families abound".

Tags: Divorce Lawyers, Divorce Lawyer, Divorce Advocates, Divorce Attorneys, Divorce Lawyers In Delhi, Divorce Attorneys In Delhi, Child Custody Lawyers, Divorce Law Firm, Maintenance, Alimony, 498 A, Mutual Consent, Domestic Violence, Divorce, Restitution Conjugal Rights, Grounds for Divorce
Adultery, Cruelty, Desertion, Conversion, Unsoundness of mind, Presumption of death, Irretrievable breakdown of marriage, Mutual Consent Divorce

How to File a Mutual Consent Divorces

File Your Mutual Divorce in Delhi/NCR
Call us Right Now at: 9650499965 / or email at: [email protected]

Related Articles

Divorce By Mutual Consent
Consent Note, Matrimonial Remedies and the Family Courts
Laws governing 13B Mutual Consent Divorce and Tiz Hazari Family Court, Delhi
Divorce grounds for Hindu marriage
How To File For Mutual Divorce In Delhi
Marital Rape
Divorce: Divorce is not about filling out forms, it is about thinking things out and making sound decisions. Likewise, if your case calls for a marital settlement agreement, having it typed and signed is not the point.
Divorce in India: Any Any marriage which is solemnized, whether before or after the commencement of the Hindu marriage Act, may be Dissolved by a decree of divorce, by either the Husband or the wife presenting the petition
Effects of Divorce: Supreme Court in exercising the power under Art. 142 of the Constitution of India has held that where the marriage is dead and there is no chance of its being retrieved, it is better to bring it to an end
Grounds for Divorce: Adultery, Cruelty, Desertion, Conversion, Unsoundness of mind, Schizophrenia, Virulent and incurable leprosy, Entering new religious order, Presumption of death, Non-compliance with a decree of judicial separation, Non-compliance with a decree of restitution of conjugal rights
Right to Abortion: An abortion is the removal or expulsion of an embryo or fetus from the uterus, resulting in, or caused by, its death.
Family Courts in India: The Family Courts Act, 1984 was part of the trends of legal reforms concerning women. Because of the building pressure from various institutions lobbying for the welfare of women all over the country
Rights of Second Wife: Second marriage, during the subsistence of the first marriage, is illegal in India and the relationship arising from the same does not have any validity.
Divorce under Muslim Law: There are two categories of divorce under the Muslim law: 1) Extra judicial divorce, and 2) Judicial divorce
Grounds for Divorce for wife: Husband having more than one wife living, Rape, sodomy or bestiality, Decree or order of maintenance, Marriage before attainment of the age of fifteen years and Consent obtained by force,
Restitution of Conjugal Rights: Section 9 of the Hindu Marriage Act, 1955 embodies the concept of Restitution of Conjugal Rights under which after solemnization of marriage if one of the spouses abandons the other, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights.
Recognition of Equality Marriage: Marriage is an eternal bond, the essence of family. In most parts of the world, the idea of marriage is confined strictly to union of two biologically different sexes, one man and one woman, the basic formula for propagating the species.
Irretrievable breakdown of marriage: It cannot be said in case a marriage is found to have been broken down to an extent that it was beyond all rapprochement or reconciliation, then whether any ground as laid down by law exists
Right of Abortion v. Child in Mother's Womb: Abortion means deliberate ending of a pregnancy at an early stage. Abortion is the subject of strong public debate, especially in the US. Some people are in favour of abortion; called pro-choice supporters
Custody - Hindu, Muslim, Christian & Parsi Law’s: Child custody is a term used in family law courts to define legal guardianship of a child under the age of 18. During divorce or marriage annulment proceedings, the issue of child custody often becomes a matter for the court to determine
Guardianship - Hindu, Muslim, Christian & Parsi Laws: The Dharmashastras did not deal with the law of guardianship. During the British regime the law of guardianship was developed by the courts.
Adoption - Hindu, Muslim, Christian And Parsi Laws: Hindu Law, Muslim Law and the Guardians and Wards Act, 1890 are three distinct legal systems which are prevalent. A guardian may be a natural guardian, testamentary guardian or a guardian appointed by the court.
Child Custody law in India: Section 26 of Hindu Marriage Act, 1955 deals with Custody of Children
In any proceeding under this Act, the court may, from time-to-time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible and may, after the decree

File Mutual Divorce

100% MONEY-BACK GUARANTEE!!
We GUARANTEE that Mutual Divorce petition will be accepted & a Decree passed
by the competent court or we refund 100% of your money.

File Your Mutual Divorce -
Call us Right Now at: 9650499965 / or email at: [email protected]