What are laws for divorce

What Are Laws of Divorce

Introduction

Divorce is also known as dissolution of marriage, it is the process of termination of a marriage or marital union. Divorce means the canceling or reorganizing of the legal duties and responsibilities of marriage, thus it dissolves the bonds of matrimony between a married couple under the rule of law.

The divorce process is handled by family law attorneys (each estranged spouse retains his or her own counsel) and involves a number of issues, ranging from division of property to child custody.

Scope

Dissolution of  any marriage can take place by a decree of divorce on the ground that the other party:


1) the person has had voluntary sexual intercourse with any person other than his or her spouse after solemnization.

Even a single act of sexual intercourse with any person other than his or her spouse entitles the petitioner to decree of the divorce.


2) the person has, after solemnization of the marriage, treated the spouse with cruelty;

Which means that when conduct of the other party is of such a nature that a reasonable apprehension in the mind of the petitioner is created that, if the petitioner lives with the other party it will be harmful or injurious.


Also, it is significant to note that if you seek divorce on the ground of cruelty, you should not have condoned acts of cruelty.


Condonation means to forgive the other party and restore the marital ties by placing the other party in the same position as he or she earlier was.


3)the person has deserted the spouse for a continuous period of not less than 2 years immediately preceding the presentation of the petition;


Which means that when the other party has abandoned the petitioner without reasonable cause and without the consent or wish of the petitioner. Such abandonment must be abandonment of or disregard of duties and obligations of married life. Such abandonment must be with intent to bring cohabitation to an end permanently and that too continuously during a period of two years.

4) Due to the conversion into another religion, has ceased to be a Hindu;

5)the person has been of  an unsound mind; or the other party has been suffering continuously from mental disorder; that such mental disorder is of such a kind and to such an extent that thepetitioner cannot reasonably be expected to live with the other party;


6) the person has been suffering from a virulent and incurable form of leprosy;


7) the person has been suffering from venereal disease in a communicable form; or


8) the person has renounced the world by entering any religious order; It means the other party

 has forever relinquished all property and worldly concerns.


9) the person 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 him/her, had the party been alive.


Section (IA) provides that either party to a marriage may seek decree of divorce on the grounds that:


(i) there has not been resumption of cohabitation 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) there has not been 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.


However, A wife is entitled to decree of divorce not only on the aforesaid grounds, but on following two additional grounds also:

  • that the husband has, since the solemnization of marriage, been guilty of rape, sodomy or bestiality;
  • that a decree or order has been passed against the husband awarding maintenance to the wife under section 18 of the Hindu Adoptions and Maintenance Act, 1956 or in proceeding under section 125 Cr.P.C and since the passing of the decree or order, cohabitation between the parties has not been resumed for one year or upwards;
  • that her marriage was solemnized before she attained the age of 15 years and she has repudiated the marriage after attaining that age but before attaining the age of 18 years.

Conclusion

Earlier, the concept of getting divorced was too radical for the Indian society. Of such a rigid system, the wives were the silent victims. However, as the time changed; situations have also changed. Now the way to get out of an unpleasant marriage by seeking divorce is made possible  in a court of law. Many women are getting benefited as they no longer have to silently endure the harassment or injustice caused to them by their husbands. But the manner in which the judiciary is dealing, it is feared that it will completely pause the system of marriages. Therefore it is very essential that the lawmakers of our country should deal with the subject in a very cautious manner after considering in detail its future implications.

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