Divorce under Indian Laws

Gone are the days when marriages were made in heaven. Today, it happens to be on Shaaadi.com, Jeevansaathi.com, may be Facebook or you can try even Tinder. Love is on Sale for sure but with conditions apply. Be careful as the proposal might be enticing and not in best of your interests.

Ok, now as you have already taken the BIG STEP of marriage, our Indian laws have the provision for Divorce. Let us see what they are:

Sec 10 under Hindu Marriage Act, 1955 ensures Judicial Separation which can be granted on any of the grounds mentioned under Sec 13 of the said act which is Divorce.

Decree of divorce can be granted on the ground that the other party-

1 that after marriage has sexual intercourse with any person other than his or her spouse.

a.       After marriage treated the person with cruelty.

b.      Has deserted the petitioner for a continuous period of not less than 2 years immediately preceding the presentation of the plaint.

2 Has ceased to be Hindu by conversion to other religion.

3 Has been incurably of unsound mind, or has suffering continuously or intermittently from mental disorder of such kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

4 Has been suffering from a virulent and incurable form of leprosy

5 has been suffering from veneral disease in a communicable form

6 has renounced the world by entering any religious order.

7 Has not been heard live for seven years.

Either party to a marriage, whether solemnized before or after the commencement of this act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-

1 No resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties

2 That there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upward after the passing of a decree of restitution of conjugal rights in a proceeding to which they were parties.

B. Wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground-

1 That the husband married her while the first wife was still married and alive. The other wife should be live while presenting the petition.

2 Under sec 18 of Hindu Adoptions and Maintenance Act, or proceeding in a 125 of the Crpc, 488 of IPC, a decree or order as the case may be, has been passed against the husband awarding maintenance to the wife, since the passing of the order the parties has not been living together for more than a year.

3 That her marriage was done when she was 15 and now she has repudiated the marriage.

13 A- Court may pass decree for judicial separation seeing the circumstances as mentioned above.

13-B Divorce by mutual consent-

a.       Living separately for more than a year , not able to live together and that they have mutually agreed that the marriage should be dissolved with effect from the date of the decree.

b.      Earlier than 6 months and not later than 18 months, if the court satisfies after hearing the parties and after making the inquiry as it think fits , that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.