Introduction
|
Under
the old Hindu laws, divorce was viewed as forbidden and was not talked
about as freely as it is spoken out today, but with the codification of
the laws the provision of divorce were laid down The provision of
“Divorce" has been dealt with under the Hindu Marriage Act, 1955 as
being a true blue method whereby both the parties to the marriage,
decide to break all the promises or vows taken at the time of marriage.
All Hindus, Buddhist, Jains or Sikhs are covered under the divorce
provisions of the act.
Grounds for DivorceThe following grounds can be invoked for securing a divorce under the act:
Additional Grounds for Dissolution of the Marriage by the WifeUnder the act, the wife is entitled to seek divorce from her husband on the following grounds:
The Irretrievable breakdown of MarriageThe Marriage Laws (Amendment) Bill, 2010 incorporated another ground for seeking divorce, namely the ‘Irretrievable breakdown of marriage’ under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. As the term suggests, it leads to a situation whereby, either or both the parties to the marriage fine it impossible to peacefully cohabit with each other, due to personality’s clashes, differences in opinion and have lived separately from each other for a long period of time and are no longer too eager to further carry on their matrimonial relationship.Divorce by mutual consentDivorce by mutual consent is the fastest way of getting a divorce in India. A petition seeking divorce has to be filed in the Court by the married couple, on the grounds that both the husband and the wife have been living individually for a time frame of one year or more, thereby failing to fulfill their matrimonial obligations and wanting to dissolve their marriage. A reasonable amount of time, i.e. between 6 to 18 months are given to the married couple for reconsidering their decision for seeking divorce and withdraw the petition. However, if the petition is not withdrawn during this period, the Court after having been fully satisfied with the averments made in the plaint and after having heard both the parties would grant a decree of divorce.Filing for the Petition for divorceEvery petition for divorce should be filed in the District Court within the jurisdiction of which:
DELHI1.Tees Hazari Court,near Inter State Bus Terminal, Delhi-92 2.District Court Saket, New Delhi -17 3.Karkardooma Court, District Court, Karkardooma, Delhi-32 4.Dwarka Court, Dwarka Courts Complex, Sector - 10 Dwarka, New Delhi-110075 5.Patiala House, 348, Purana Quila Road, Patiala House, India Gate, New Delhi-01 6.Rohini Court, Rohini Sector 14 Extension, North West District, New Delhi-85 Mumbai1.Family Court,Bandra Kurla Complex Bandra East, Mumbai -51 BANGALORE1.Family Court,H Siddaiah Road, Sudhama Nagar Bengaluru, Karnataka-27 CHENNAI1.Family Court,Annex Building of City Civil Court Complex, High Court Campus, Chennai-104. |
Divorce Under Hindu Marriage Act
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