When spouses in India have been apart for a long time, the law does not mandate a divorce. There are a number of statutes in India that deal with divorce, and they vary according to the parties’ religious backgrounds. These statutes include, but are not limited to, Hindu Marriage Act, 1955, Muslim Personal Law (Shariat) Application Act, 1937, and Special Marriage Act, 1954.
A number of reasons are listed in these statutes as justifications for a divorce, such as adultery, desertion, cruelty, or mutual consent. Divorce cannot be granted simply because of a long separation. Divorcing couples typically have the burden of proof when it comes to legally recognized grounds.
Indian Divorce and Laws for Separation
In certain cases, long separation can be used as a basis for a divorce according to Indian law. A couple can seek a divorce by seeking the assistance of the best divorce lawyer in Chandigarh if one partner leaves the relationship or if they have lived apart for a certain amount of time. The personal laws in effect may alter the time required for dissolution.
Few Things to Consider:
Hindu Marriage Act, 1955
A spouse’s desertion may be grounds for a divorce under the Hindu Marriage Act, specifically Section 13(1) (ib). The classic definition of desertion is when one partner in a marriage leaves the other without good reason, either with or without the other partner’s consent or desire.
In order to initiate a desertion divorce, one must have the express purpose to leave their spouse and maintain a continuous separation of at least two years prior to filing the petition.
Special Marriage Act, 1954
Desertion is another legal basis for a divorce, as stated in Section 27 of the Special Marriage Act.
Christian Marriage Act, 1872
The Indian Divorce Act of 1869, Section 10A, states that in order for a Christian couple to file for a divorce, they must have lived apart for a minimum of two years.
The particular facts, evidence, and the court’s interpretation of the law are just a few of the many variables that can affect the result of a legal case.
Note: During a divorce, it is crucial for couples to have emotional support, which can sometimes be lacking or misunderstood by certain families. If you’re looking for a top advocate in Chandigarh, you can count on someone who will not only fight your legal battle but also provide the emotional support and guidance you need.
Analysis and Interpretation
In certain cases, a couple’s decision to live apart for a long time could be interpreted as desertion. Separation for an extended period of time, however, might not be enough to warrant a divorce on its own. The purpose to desert, reconciliation attempts, and the effect on the welfare of any children involved are all elements that courts frequently take into account.
The multitude of faiths and religions practiced by the people of India gives rise to diverse views on marriage. The outcome is that people can wed according to the rules set out by their particular religious group. Divorce in modern India is more open and efficient thanks to a number of laws passed by the government in response to rising public awareness of the issue.
In order to put an end to the myth of “automatic divorces,” it is essential to understand that different marriage and divorce laws specify the specific grounds that must be proven in order to file for a divorce. On the other hand, a marriage can be declared null and void when one of the partners requests this outcome.
While the end result of a divorce and an annulment is similar, the two procedures are legally separate and must be distinguished. Legally ending a marriage is divorce, whereas annulment signifies the separation of partners.
Note: If you are a couple seeking the services of a top divorce lawyer in Chandigarh, please feel free to reach out to our team at any time. We offer expert guidance to help you navigate and succeed in your legal battle. We make every effort to peacefully resolve the issues between the couple.
According to Section 10A of the Indian Divorce Act, 1869, a two-year separation can be a valid ground in the context of a divorce in India. Automatic divorce, however, does not exist. It takes five years before a couple can file for divorce if they can’t come to an agreement. A no-fault divorce system, as proposed by the government, is currently awaiting approval from parliament before it can be implemented.
According to Section 13B of the Hindu Marriage Act of 1955 and Section 28 of the Special Marriage Act of 1954, spouses are required to reside separately for a minimum of one year in order to obtain a divorce through mutual consent. Separation of at least two years is mandatory for Christians per Section 10A of the Indian Divorce Act.
The best interests of the child are one of many considerations when deciding who gets custody of a child after a divorce. Divorce is an option for a woman who gets married before she reaches the legal age of eighteen and then decides she no longer wants to be married. When parents can’t agree on child custody, the court will look at what’s best for the kid and may order one parent to pay child support.
Conclusion
Since void marriages are not recognized by the law, they automatically dissolve because they were never legally recognized. If either party files a case, the court can quickly dissolve a voidable marriage. Consideration of financial history, child custody, and property division are all important aspects of a divorce. Considering the complexity of the process, it is essential to maintain composure. Get in touch with the best law firm in Chandigarh to learn more about this.