About the author:
Aryan Sinha is a law student in Galgotias University.
In past, Marriage in India was considered so pure a bond that it couldn’t be broken for 7 life-times. At the present, Marriage has lost its true nature somewhere among the Hindu laws and ever-growing society. The Concept of most laws in India is adopted from English laws; without noticing the character of the Indian culture. However, the present situation across the country requires the supply of divorce.When one is given the right to life as a fundamental right, he/she gets the authority to make a decision to measure or to not accept somebody and therefore the same can’t be denied. The divorce takes place when the dissolution of a wedding is approved by a court or other competent body. The parties .i.e. the Husband and wife are afterwards not sure to perform the duties inside a wedding, the bond of marriage breaks the instant divorce is approved. Divorce under Hindu law is split into two categories:
- Through Mutual Consent
- Without Mutual Consent
THROUGH MUTUAL CONSENT:
The Husband and wife mutually comply with getting divorced. They need to prove that they’re living separately for the past 1-2 years; the parties shouldn’t be cohabiting for a minimum of 1 year before the divorce proceedings begin. Maintenance, child custody and property rights are more easily settled during this case. During this case, the petition must be filed within the court by the respective lawyers of the parties and court after browsing the documents proceeds further. The waiting period of 6 months is given to the parties within the hope that there would be reconciliation, but after six months if the parties still need a divorce; they have to maneuverer the court within 18 months from the filing of such petition.
WITHOUT MUTUAL CONSENT:
One party goes to the court posing for a divorce. The party must state a legitimate reason for doing so, and no party can get a decree without proving an inexpensive ground for an equivalent. Grounds are-
For both, Husband and Wife,
- Cruelty: It means injury to body or mind, intentional or not, in sort of physical or mental. If one party apprehends injury thanks to the conduct of another, it’s an inexpensive ground.
- Adultery: Husband cheats on the wife or vice-versa maintaining external relations. It’s a legitimate ground for divorce for both parties.
- Desertion: When one spouse deserts another without stating a legitimate reason.
- Conversion: When a party converts from one religion to a different one.
- Mental disorder: If the spouse is unable to perform the traditional duties and responsibilities inside a wedding thanks to the reason of mental disturbance.
- Presumption of Death: When one party is missing for 7 years or more then it’s presumed to be dead.
- Communicable Disease: Just in case a spouse features a disease which may be communicated to a different, the opposite spouse can approach the court for a decree of divorce.
- Renunciation of the world: One spouse becomes sanyasi and leaves away from worldly pleasures.
- If the husband has committed the crime of bestiality, rape or sodomy.
- If the wife was married before she attended 15 years aged.
- A decree of divorce has been given to the wife after maintenance and that they live separately for over one year.