8 months ago
Divorce is considered a bad thing in Indian society, but many times it happens that it becomes difficult for husband and wife to live together. In such a situation, divorce is the best option. Today we will tell you what are the rules & legal rights for getting a divorce in India.
Although it is not a good thing to break the sacred relationship between husband and wife, many times it happens that when there is repeated quarrel between them, then they choose the option of divorce.
Divorce in India can be taken in two ways. One is by mutual consent and the other without mutual consent. In the first method, both husband and wife agree and get divorced together, whereas in the second method, only one wants to divorce and the other does not.
Let us tell you about alimony and the custody of children because many times couples face problems even if they do not have proper information about it:
Who has to pay alimony?
If one of the spouses is financially dependent on the other, then the spouse who is capable of subsistence after the divorce has to pay the maintenance of the other. There is no limit to this allowance.
Alimony depends on the mutual understanding and needs of both parties. But there is also a lot of problem regarding this, due to which the court has to interfere in it.
Who gets custody of the children?
If there are children after marriage, then it is also an issue as to who will get the custody of the children. Child custody can be jointly or separately. One parent can also take the responsibility of taking care of the children but the other parent has to help him financially.
Who will have the right over the property after divorce?
The property is divided between the couples. (both movable and immovable property)
If the couple divides the property by mutual consent, then there is no problem otherwise, the court has to intervene in the matter.
What is the process of divorce with mutual consent?
This process of divorce by mutual consent is much easier than the other process. An appeal for divorce by mutual consent can be made only if the husband and wife have been living together for more than one year.
First of all, both the parties have to file a petition in court, after that the statements of both the parties are taken and their signature is also taken.
Still, the court gives 6 months to both of them so that they can reconsider their decision.
Many times during these 6 months there is a reconciliation and the house is settled again. After six months both the parties are called again by the court.
If the decision of both of them changes during this time, then there are different formalities. In the end, the court gives its verdict and the end of the relationship gets the legal stamp.
So the process of mutual consent divorce is something like this.
What is the process of divorce without mutual consent?
If one of the parties is not ready for divorce, then the path is relatively difficult. Here, there is a conflict between the two sides, there are legal complications.
However, on certain grounds, either of the spouses can file for divorce in court. In this, sex outside marriage, physical-mental cruelty, separation for two years or more, serious sexual diseases, mental illness, religious conversion are some of the main reasons.
Apart from these, some special rights have been given to the wife. For example, divorce can be given if the husband has committed rape or unnatural sex, if the first wife is married without divorce or if the girl has been married before the age of 18 years. In such a situation the marriage is not valid.
What is Indian Divorce Act 1869?
This act was implemented in the legal system in the year 1869. The process of divorce in India varies from community to couple. Divorce of couples of Christian community is done by the Indian Divorce Act 1869.
Whereas in Hindu, Buddhist, Sikh and Jain communities, divorce is done by the Hindu Marriage Act 1955.
Divorce in the Muslim community is done by Muslim Marriage Act 1939. There are other such community-specific Acts.
What to do after taking the decision of divorce?
After taking the decision, the first thing to do is to meet the lawyer and decide its basis. You should have sufficient evidence for the reason you want a divorce because less evidence weakens the case and will make the process more difficult.
After making the application, the court gives notice to the other party. After this, if both the parties appear in court then after hearing the whole matter by the court, the first attempt is for conciliation.
If there is no settlement, the court gives its written statement. After the written action, the hearing begins in the court. This may take more or less time depending on the complexity of the case. Sometimes matters drag on for many years, so the decision of divorce should be taken carefully.
Writer at Xeloxo
8 months ago