Marriage is more than just a bond between two souls. It is an institution based on rights, obligations and duties to be fulfilled. Divorce or dissolution is believed to be the last resort in circumstances of extreme trouble.
As opposed to past, in current times we witness a rise in number of petitions filed for divorce. The rising numbers indicate that more and more people are getting aware of their legal rights and provisions which make them oppose any torture or oppression in marriage.
THE LEGAL PROVISIONS FOR DIVORCE UNDER THE INDIAN JUDICIAL SYSTEM
The Indian Judicial System has initiated a secular-oriented proclamation of marriage acts and the laws formulating the grounds, processes and rulings of granting divorce vary for different religions.
The requisite conditions, evidence, frameworks and circumstances that make divorce acceptable are defined by a set of legal grounds which are imperative to be fulfilled. Let us try to understand the legal grounds for divorce in India as furnished under respective religious acts.
* In Part-1 we focus on the Grounds of Divorce as granted under the Hindu Marriage Act of 1955, Special Marriage Act and Muslim Marriage Act of 1939.
GROUNDS FOR DIVORCE UNDER THE HINDU MARRIAGE ACT, 1955
According to the Hindu Marriage Act of 1955 which governs persons of Hindu, Sikh and Jain religions, a marriage can be terminated on filing of a petition by either of the two spouses onthe following grounds -
- Adultery - Extra marital physical relation of a partner.
- Cruelty - Physical or mental torture suffering.
- Desertion - Unexplained and unreasonable separation from partner for minimum 2 years.
- Conversion of religion - If partner convers to a non-Hindu law governed religion.
- Insanity - A mentally unstable partner.
- Untreatable leprosy - The spouse suffers from incurable leprosy.
- Venereal Disease - Occurrence of a disease of communicable form in a partner.
- Renunciation for religion - Renouncement of the world by entering any religious order.
- Presumption of being dead - The partner not known to be alive for a period of 7 years.
GROUNDS FOR DIVORCE UNDER THE MUSLIM MARRIAGE ACT, 1939
Governing Muslim religion persons, the Muslim Marriage Act of 1939 states divorce grounds under two categories -
JUDICIAL DIVORCE
As per the Dissolution of Muslim Marriage Act woman can acquire a divorce decree on following grounds -
- The whereabouts of husband not known for about 7 years.
- Failure by husband to provide maintenance to wife for 2 years.
- Incarceration sentence to husband for 7 years.
- Unjustified failure to fulfil marital obligations for 3 years.
- Impotency of husband at time of marriage till filing of divorce petition.
- Insanity of husband from 2 years, venereal disease or leprosy.
- Marriage of woman at age less than 15 years and rejection of marriage before attaining age of 18.
- Physical and mental torture by husband.
EXTRA-JUDICIAL DIVORCE
A husband can dissolve the marriage on grounds of irretrievable marriage breakdown as Talaq. Divorce or dissolution of marriage is an overwhelming and emotionally drenching stage but if properly processed through expert guidance of lawyers divorce in New Delhi it can be a straightforward and financially viable procedure.
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