Divorce Law in India

The divorce process is the separation process of husband and wife due to some of their reasons. It is considered a very flawed process in almost every religion or region. It happens due to some personal interfaces and some issues among the husband and wife. There are many laws regarding divorce in every region that must be followed to have this flawed process. And when we talk about divorce laws in India, it becomes more complicated.

As we know, India is a country with multiple religious groups and marriage rules. According to a couple’s divorce culture, the divorce process is too different. Both Hindus and Buddhists, Sikhs and Jains, can apply for divorce following the Indian divorce laws under the Hindu Marriage Act of 1955. On the other hand, Muslim, Christian, and Parsi groups have their marriage and divorce rules. The Indian government passed many laws regarding the divorce process to make it more inclusive and progressed process in India.

Divorce laws in India are categorized into three major groups, which are discussed below:

Divorce with Mutual Consent

Following the Hindu India divorce laws of 1955, the parties may request a divorce by sending their request before the court through a divorce lawyer. Mutual consent means that both parties have all been satisfied with a peaceful separation. Divorce by mutual consent is an easy way to get out of and legally dissolve the marriage. Husband and wife must achieve a compromise on two aspects. One is the difficulties with food or maintenance. Child Custody is the next big concern. This can also be reached between the parties easily. Child custody can be shared or individual in case of mutual consent divorce.

Contested Divorce

There are certain factors for requesting in case of a contested divorce. It doesn’t seem like a husband or wife would ever demand a divorce without  justification. Divorce factors are as follows:

Cruelty:

According to India’s divorce laws, if one spouse is hurting you or making you sick with either his physical cruelty or mental cruelty, he/she can have a request for the divorce. Government confirms this type of petition and then gives specific orders regarding the separation.

Desertion:

If one partner is deserting the other partner with his/her cruelty, then they can have a request for divorce according to Hindu divorce laws.

Adultery:

Hindu divorce law states that if any of the spouses have a sexual relationship other than his partner, then he/she can request the divorce under some conditions.

Mental Disorder:

If a partner is sick due to mental problems and is not capable of performing the essential duties after the marriage, then the other person can request a divorce.

Infectious disease:

If one partner is suffering from such a disease, which is hard to cure like AIDS, HIV, etc., the other partner can divorce according to Indian divorce law.

Conversion:

If one spouse converts into any other religion that contrasts with the other spouse, then Indian divorce laws allow them to divorce.

Presumption of Death:

If one spouse does not know about his/her partner for a while, like about seven years, then he/she can have a divorce according to the Indian divorce laws.

Void Marriages

There are some laws that  are unique for women only according to Indian divorce law:

Bigamy:

If a husband has remarried to other women other than his first wife, then his wife can make a divorce file. This law is not for Muslims as they allow polygamy to a limit, but all the other religions do not allow polygamy.

Rape and Sodomy laws:

If the husband forces his wife to the rape or Sodomy acts, his wife can file a divorce against him. Indian divorce laws and other Indian laws prohibit rape and Sodomy, and they take adequate steps in this regard.

 

 

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