It is extremely sad, unhappy, and unfortunate when two people fall out of love. There is constant bickering and disputes surrounding them. In India, where marriage is not only limited to two individuals but two families it becomes a mess while handling conflicts and disagreements in a marriage.
Lex Solutions is one of the popular legal firms that aid in resolving Matrimonial disputes in India. It is the leading advisory legal firm in Chandigarh where professional lawyers handle your divorce case with at most dedication and discipline. The firm has been established to resolve all sorts of disputes including family and matrimonial disputes.
Table of Contents
- Divorce rules in India
- Indian Divorce Acts
- New Divorce Rules in India in 2021
Divorce can be considered the termination of a contract between two married people. The legal system of India has set down a couple of ground laws for the partners to contemplate before ending the marriage-
- Mutual consent to end the marriage.
- Having been living separately for one year or more
- Partners have not been able to live together
In the year 1869, the Indian Divorce Act was introduced in the Indian Legal System. As the people of India have diversified cultures, there are various laws and acts according to different communities.
- Indian Divorce Act,1869- For the Christian community
Three conditions are implied on Christian couples to end their marriage under Indian Divorce Act,1869-
- Either one of the partners can file for divorce under mutual consent by section X (A)
- Either one of the parties can file for divorce on the ground that the partner is of an unstable mind.
- Women can file for divorce under the grounds of rape, sodomy, or bestiality
- Hindus, Buddhists, Sikhs, and Jains fall under the Hindu Marriage Act, of 1955
Five conditions fall to divorce under Hindu Marriage Act,1955-
- The bride is not 21 years of age and the groom is not 18 years
- Either one of the parties has a living spouse during the marriage
- Any one of the couples is suffering from a mental disorder or is unfit for the procreation of children
- The partners are supposed to be cousins unless their community custom allows them to
- Neither one of the parties should be enduring attacks of insanity or epilepsy
- Muslim Marriage Act,1939 for Muslim marriage
This act allows women to head for divorce under these conditions to end the Muslim marriage are as follows-
- the husband has stopped to perform his marital obligations for three years or more
- the husband has been insane for two years or has leprosy or another viral disease
- The husband does not provide for her maintenance for two years or more
- The whereabouts of the husband have not been known for four years or more
- the husband has been sentenced to imprisonment for seven years or more
- the husband was impotent at the time of the marriage
- The women have to marry the husband due to her father or another guardian before she was 15 yrs. old and can reject the marriage before eighteen years old as long as the marriage has not been consummated
- The husband acts inhuman towards her
- Parsi Marriage and Divorce Act,1939 for the Parsi community
Under the Parsi Marriage and Divorce Act, of 1939, Parsi-married people can file for divorce on one of the following conditions-
- Either one of the partners was mentally ill or of unsound mind and is still up to date
- The marriage has not been consummated within one year by either one of the partner’s wishes.
- Women were bearing a child by another person other than their husband
- Special Marriage Act, of 1956 is for civil and inter-community marriages conditions for grounds to end the marriage by Special Marriage Act,1956 are–
- Living spouse of either party is present
- Either one of the parties is of an unstable mind
- Is unfit for marriage or has any mental disorder
- The male is not 21 yrs of age and the female is not 18 yrs of age
- Either one of the parties suffers from an insanity attack
- New divorce rules in India 2021
With changing times, divorce rules also need to be refurbished from time to time. Partners looking to end their marriage and move for divorce have a challenging couple of months ahead of themselves. Hence one should consider these new rules for divorce in India 2021
- Extramarital affair\Adultery is not a criminal offence.
If one of the partners cheats or there is adultery involved in the marriage, it is acceptable to end the marriage on these grounds. However, the person who has performed adultery cannot be punished or break any law. His\Her lover involved in the adultery is also exempted from punishment.
- Triple Talaq cannot end the marriage legally
This erratic practice of saying thrice ‘Talaq’ to end the marriage violates women’s rights. Exhibiting injustices to Muslim community women or women involved in a Muslim marriage, the legal system has communicated that triple ‘Talaq’ is unconstitutional and forbidden.
- Live in Relationships law of maintenance changes
The legal system of India, under the Hindu Marriage Act, of 1955, has already put in place the payment of maintenance act. This is for stability and economic help to the women after the divorce.
If it is not Hindu marriage, the women can profess maintenance under section 125 of the criminal procedure code.
The new divorce rule proclaims that the woman or live-in partner can ask for financial help under the Protection of Women from Domestic Violence Act,2005 even though she is not eligible for the money under the criminal procedure code. By the Protection of Women from Domestic Violence Act, she can claim even higher relief from what is under the Code of Criminal Procedure.
- Abolished the 6 Month mandatory rehabilitation period
The mandatory 6-month period granted by the court to see if there is a chance to reconcile the marriage has been switched to non-mandatory. If the court perceives that the marriage is beyond repairable the court can grant a divorce without the 6-month rehabilitation period. The court ensures this decision is based on the partner’s specific circumstances and reality.
- Overruling divorce granted by another court
Only the civil court can legally terminate the marriage. No other personal law or any Christian court cannot end the marriage legally. Molly Joseph vs George Sebastian case brought light to make changes in this new rule. The civil court ruled out Ecclesiastical Tribunal order over the termination of the marriage.
- Irrecoverable damages to the marriage.
This new divorce rule states that if the marriage has reached the point where it is not repairable and irretrievable then that can count as a ground for divorce.
If the partners are living under the same roof but not as husband and wife, it is in the court’s hands to grant the divorce or not.
India is experiencing about a 50 to 60% increase in the divorce rate. There is not only one reason that marriages end in divorce. Lex Solutions, a law firm can help you to make the informative and effective legal decisions of your life and provide you with the best support required