Divorce Law
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INTRODUCTION:
The term divorce means legal action between the married couple to terminate their marriage.
The divorce takes place when a court or other competent body legally dissolves a marriage. It comes under a set of monetary, emotional, legal, and parental challenges.
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DIVORCE UNDER HINDU LAW:
TYPES OF DIVORCE:
1. Divorce with mutual consent
2. Divorce without mutual consent
DIVORCE BY MUTUAL CONSENT
A/c to section 13B of HMA, both the husband and the wife have the right to dissolve their marriage by a decree of divorce.
Following are the grounds on which both the parties can separate:
Both the parties have been living separately for 1 year or more
Both the parties have not been living together
Mutual agreement between the two for their dissolution of marriage
DOCUMENTS REQUIRED FOR DIVORCE BY MUTUAL CONSENT
The following documents are required:
Address proof of husband and wife
Evidence that shows both the parties have not been living together for more than a 1 year
Proof of earning of both the parties
Evidence shows failed attempts to reconcile
Marriage Certificate
Information regarding family background
Property and asset details of both the parties
Income Tax statements of both the parties
Wedding photographs
JUDICIAL SEPARATION
It is a process through which a married couple gets formally separated even if they are legally married.
Similarly, Section 10(2) also states that when a decree of judicial separation had been passed it shall no longer be obligatory for the concerned petitioner to stay with the respondent.
GROUNDS OF DIVORCE UNDER HINDU LAW
Adultery
Cruelty
Desertion
Conversion
Insanity
Leprosy
Venereal disease
Renunciation
Presumption of death.
Section 14 States that no petition of divorce could be filed within the first year of marriage. However, upon receiving an application by the rules made by the High Court, the Court
IMPORTANT FACTORS THAT CAN BE SETTLED DURING A DIVORCE
ALIMONY
CUSTODY OF CHILD
SETTLEMENT OF PROPERTY
WHERE YOU CAN FILE A CASE OF DIVORCE UNDER THE HINDU MARRIAGE ACT:
You must file a petition in the District Court which has jurisdiction over the place where:
Your marriage took place
Where you last lived together
DIVORCE UNDER MUSLIM LAW:
There are two categories of Divorce:
1. Judicial: Divorce under the Dissolution of Marriage Act,1939
2. Extrajudicial:
By husband: Talaaq, Ila Zihar
By wife: Talaaq-i-tafweez , Lian
By mutual agreement: Khula and Mubarat
GROUNDS OF DIVORCE UNDER MUSLIM LAW
Failure to maintain for a period of two years.
When the husband was sentenced to imprisonment.
Failure to perform marital obligations.
Impotency
Insanity, leprosy, or virulent venereal diseases.
Repudiation of marriage.
Cruelty.
False accusation of adultery.
Conversion of the spouse to another religion.
PROCEDURE OF DIVORCE UNDER MUSLIM LAW:
FILE FOR DIVORCE There is a three-month waiting period before the divorce is finalized.
OBSERVE THE WAITING PERIOD OF 3 MONTHS/IDDAT Iddat is the period a woman must observe after the death of her husband or after a divorce, during which she may not marry another man and its main purpose is to remove any doubt as to the paternity of a child born after the divorce or death of the prior husband
DECIDE WHO WILL GET THE CUSTODY OF CHILD It is dependent on the Judges who allow preference of the children while others award the custody to the mother if the child is under a certain age, and to the father is older.
FINALIZE THE DIVORCE AFTER THE PERIOD OF IDDAT This is encouraged to do in the presence of two witnesses. After this, the wife is free to remarry.
CONCLUSION:
Divorce or dissolution of marriage is the ending of a marriage. A DIVORCE is generally accomplished through a court of law‚ as legal action is needed to dissolve the prior legal act of marriage. Financial problems‚ stress in modern living and lack of communication are considered three major causes of divorce.