A divorce is unpleasant, and that’s the understatement of the century. Divorce can be a devastating experience for anyone involved. This applies to everyone involved, not just the divorcing couple. Marriages were sacred in ancient times, especially in the Hindu community, and there was no such thing as divorce. With their Protestant sensibilities, the British were the first to introduce the idea of divorce to the Indian masses (if we exclude the Muslim community, whose practises were already viewed as foreign).
After India’s independence, the country’s judicial system took the lead in defining laws for its citizens, and the Hindu Marriage Act of 1955 was the first of its kind to address marriage and divorce for the general population.
However, they, like all laws, were accompanied by their fair share of legal complexities that made it difficult for the average person to take advantage of them (and continue to do so to some extent to this day). Therefore, this blog makes an effort to clarify the various legal aspects of divorce in India.
Judicial Separation
When discussing divorce, this is the first term most people use. When couples decide to divorce, they must first go through the legal process of judicial separation. A marriage separation agreement, once decreed by a court, allows a married couple to live apart for a set period of time without having to file for divorce. In Chandigarh, if someone is seeking legal representation for an adultery-related divorce case, it would be advisable to consult SL Legal Services, which has the best divorce lawyer in Chandigarh specialising in family law and divorce cases.
Mutual and Contested Divorces
Indian law specifies two distinct divorce processes. This is the case regardless of which marriage law is in effect in any given community in the United States. There are two distinct divorces:
Mutual/Uncontested Divorce
Contested Divorce
When both partners agree to divorce and file for it at the same time, it’s called a “uncontested divorce.” That they are in agreement about filing for divorce before going to court. In comparison to a contested divorce, this process takes less time and costs less money.
In contrast, a contested divorce occurs when one spouse seeks a divorce while the other spouse fights it. This is a more complex form of divorce that often necessitates multiple court hearings before a final resolution can be reached. According to the various laws concerning marriage and divorce in our country, either spouse can file for this type of divorce.
Dissolved Marriages
Marriages that don’t comply with the Hindu Marriage Act’s requirements can be declared null and void, making them illegal under the law. These divorce law concerns include:
At the time the marriage is registered, neither party should be married to anyone else.
Neither of the two people involved is a sapinda of the other or was in an illegal relationship with each other.
Impotence prevented the couple from consummating their marriage.
No coercion was used to secure the couple’s agreement to wed.
At the time of their wedding, the wife did not have any children from an outside source.
Irretrievable Breakdown of Marriage
It is called an irretrievable breakdown of a marriage when both partners agree that it is no longer possible for them to continue living together as husband and wife. The Supreme Court and the Law Commission have been advocating for this to be incorporated into the legal divorce procedure, but there are currently no provisions in place.
The Supreme Court, however, continues to recognise the legality of an irretrievable breakdown of a marriage and uses its unique authority under Article 142 to grant divorces when such cases come before it. Thanks to the Supreme Court’s efforts, the mandatory 6-month “cooling off” period before a divorce can be finalised amicably is no longer required. Couples who are certain they cannot cohabitate can now petition civil courts to forgo the 6-month waiting period that had been in place to prevent rash decisions.
Specifics of the Governing Law Regarding Divorce Grounds
There are a variety of legal justifications that can be presented in a contested divorce. Some of the grounds for divorce under family law are fairly obvious, while others may be more ambiguous due to subtle nuances in the law. The following are acceptable reasons to file for divorce:
Adultery
Presumed dead
Desertion
Conversion
Non-restitution of conjugal rights:
This is the case if, despite a court order, the couple has not returned to living together or consummated their marriage.
Diseases of the genitourinary tract (which also includes leprosy)
Non-restitution of conjugal rights:
It has been at least a year since the judicial separation was filed and cohabitation has not resumed.
Cruelty
Impairment of sanity
Renouncement
Conclusion
India has the longest written constitution in the world, and it serves as the basis for all of the country’s laws. It should come as no surprise, then, that the law of divorce in the country is complex, encompassing a wide range of laws with their own legalities and technicalities. Because of this, many people today still opt to stay in unhappy relationships with their spouses.
In addition, if a case needs to go to the High Court, SL Legal services is where you can find the best lawyer in the Chandigarh High Court. Having legal representation can help you navigate the legal system and increase your chances of a positive outcome. This blog was made to help lay the groundwork for understanding complex legal concepts. A proper divorce lawyer is essential if you are considering a divorce or want to assist someone else through the process, but this information isn’t sufficient on its own.