भारत में तलाक कानून – Divorce Law In India
Divorce is defined as the legal dissolution of official marriage. There is no denying the fact that divorce is one of the most daunting phases of anybody’s life. The process of divorce commences with the emotional turmoil of the couple to applying for the time-consuming process of separation from each other on legal terms. Before opting for divorce in India, the couple must be aware of the divorce laws in India.
India is a land of varying cultures and communities. As such, each community out there has a separate divorce law just like the individual marriage laws. All the Hindus along with Jains, Buddhists, and Sikhs are allowed to seek for divorce under the Hindu Marriage Act of 1955. On the other hand, the other communities in India including the Parsees, Muslims, and Christians can have their individual laws governing marriage & divorce in the country. The spouses who belong to different communities and castes in India can seek divorce under the Special Marriage Act of 1956. Additionally, there is also the Foreign Marriage Act of 1969 that is known to govern the divorce cases of the marriages of either spouse belonging to a different nationality.
With the rapid advancement of social awareness and the passage of time, several amendments have been made to the different Acts pertaining to the Divorce Laws in India. Acknowledging the overall respect for social and cultural ethics in India, the nation announces the lowest divorce rates. As per the stats, it is reported the divorce rate in India is quite low with only 7.40 marriages out of 1,000 marriages resulting into a divorce. However, the modern generation is given far more freedom when it comes to living by one’s own will in case of a distraught marriage.
Categorization of Divorce Laws in India
The divorce laws in India are broadly classified into the following:
- Divorce with Mutual Consent: Passed under the 13-B Section of the Hindu Marriage Act in 1955, the couples involved can seek divorce through mutual consent by the process of filing a divorce petition before the regional court. Divorce by mutual consent implies that both the parties are willing to end up for a peaceful separation. Divorce by mutual consent is considered quite simple and can be easily carried out legally. In this divorce law, there is no maximum or minimum limit of maintenance. It could result into no figure or any figure. Child custody in case of mutual consent form of divorce could be joint or shared or might depend on the understanding of the involved parties.
- Contested Divorce: In this scenario, there are several grounds upon which a petition for divorce can be presented before the respective court. Some of the common reasons for one or other of a married couple signing a petition for contested divorce are:
- Cruelty: Could be either mental or physical cruelty. As per the Hindus Divorce Laws in India, if one spouse has a valid apprehension that the conduct of the other partner is harmful or injurious, he or she might apply for the divorce petition.
- Adultery: In case of adultery – consensual sexual intercourse out of marriage, the other partner might sign for the divorce petition.
- Desertion: Upon deserting the other partner without any valid cause, a contested divorce can be filed for by the deserted partner.
- Mental Disorder: If the spouse is not capable of performing normal marriage duties due to some mental illness, a contested divorce can be considered (Though all due consideration for the sufferer of mental illness should be taken into consideration by the party filing for divorce).
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