Divorce means to bring the marriage to an end or dissolution of marriage, which is the process of terminating a marriage or marital union.
Divorce usually includes the canceling or reorganizing of the legal duties and responsibilities of marriage, and thus dissolving the bonds of matrimony between a married couple under the rule of law and is basically, the legal action that ends the marriage before the death of either souse. Divorce is stated under Section-13 of The Hindu Marriage Act, 1955.
Hindu Marriage is considered as sacred because it is a bond which is indissoluble in nature. If in any society when the married couple feel that they cannot reside together, they have no other alternative but to end the marriage. Divorce is the final dissolution of marriage. Divorce process is undertaken by a Divorce Lawyer.
The divorce procedure in INDIA starts from the filling of the divorce petition and end with the pronouncement of the final order of the divorce.
TYPES OF DIVORCE
- MUTUAL DIVORCE :-
Under the Hindu Marriage Act,
Mutual divorce is governed under Section 13-B. It suggests that in mutual divorce both the parties i.e. husband and wife mutually agree and come together to express their consent for peaceful separation. The husband and wife have to predetermine the issues relating to alimony and child custody if any there are only two requirements for filing a mutual divorce is that one is mutual consent and second is that they have to live separately for about one year. All this is undertaken in the shadow of a Divorce Lawyer.
- CONTESTED DIVORCE :-
When divorce is initiated by either spouse it is termed as a CONTESTED DIVORCE section 13 of HINDU MARRIAGE ACT,1955 provides the ground for filing a contested divorce ,some of which are cruelty ,conversion of religion ,unsound mind communicable disease or either spouse is unheard of more than seven year. This is also undertaken in the shadow of a Divorce Lawyer.
PROCEDURE FOR DIVORCE
- To proceed for divorce firstly, get in contact with the Divorce Lawyer.
- Share all the things and problems with him, then he will lead you towards the path of Divorce.
- The procedure of divorce is divided into six stages which are :-
- Filling of the petition
- Service of summons
- Response
- Trial/ interim orders
- Final order
GROUNDS OF DIVORCE
- Adultery - It is criminal offence where either of the spouse is involved in sexual relation with someone out of the marriage.
- Cruelty - It is defined as a willful act that can cause danger to body, life or mental health it can include causing pain ,abusing or we can say CURELTY is of two types-
- Mentally
- Physically
- Desertion - Desertion means leaving his / her spouse without any reasonable cause and without the consent or against the wish of such party, and includes the willful neglect of the petitioner by the other party to the marriage. Continue Desertion for over a period of more than two years shall be consider as a valid ground for divorce under Hindu Marriage Act.
- Religion Conversion - In a Hindu marriage, if either of the spouse ceases to be a Hindu and converts to another faith without the consent of the other. Then it can be included for the ground for divorce.
- Mental Disorder - Mental disorder would include unsoundness of mind, mental illness, or such mental disorder makes the person aggressive.
- Spouse not heard of - If either of a spouse is not heard of for more than seven years, then it can be considered as a ground for divorce.
- Communicable Diseases
3 ADDITIONAL GROUNDS OF DIVORCE AVAILABLE FOR WIFE
- Husband has been guilty of rape
- The wife was married before she attained the age of 15 years.
- A decree or order has given by court awarding maintenance to the wife and they have not been living together for more than one year
MANDATORY DOCUMENTS REQUIRED FOR A CONTESTED DIVORCE
All the required documents will be told to the client by his/her
Divorce Lawyer. But below mentioned documents are necessary and important.
- Residence proof of husband and wife
- Marriage certificate
- Documents providing the ground on which divorce is being filed
ASPECTS OF DIVORCE
Some aspects of divorce are:-
- Child custody- PHYSICAL CUSTODY, JOINT CUSTODY, LEGAL CUSTODY, THIRD-PARTY CUSTODY
- Maintenance/ Alimony
- Property division
MAJOR DIFFERNCE BETWEEN DIVORCE AND JUDICIAL SEPARATION
- DIVORCE-
- Only after completion of 1 year of marriage party can approach the Hon’ble
- Reconcile the marriage first and then order for divorce.
- Divorce dissolve the marriage permanently.
- JUDICIAL SEPARATION-
- Spouse can file judicial separation at any time after the marriage
- Judicial separation is a one step process
- The parties can think about their marriage and reconcile
- In judicial separation parties get free from their matrimonial duties and obligations towards their spouse
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