ALL YOU NEED TO KNOW ABOUT THE DIVORCE PROCESS IN INDIA

ALL YOU NEED TO KNOW ABOUT THE DIVORCE PROCESS IN INDIA

Before India became independent, divorce was not as common as it is now. It was indeed owing to the fact that separation was seen as being against their religion’s teachings and also that wedding was regarded as being extremely sacred. There was only one law governing separation in British India, the Divorce Act of 1869, and it only applied to those who identified as Christians. But aside from that, it appeared that India has no laws governing the divorce procedure.

Only eight years following declaring independence did the Parliament of independent India feel that it was necessary to approve a law on marriage and other related regulations. The Hindu Marriage Act, of 1955 was passed as an outcome. It is crucial for you all to understand your basic rights with regard to separation in India because the law is a topic that is not frequently discussed in society due to the shame involved. Check some of the top lawyers in bangalore for divorce

The Indian regulations concerning divorce

Indian Marriage Act (1955)

Hindus can marry and get divorced under the Hindu Marriage Act of 1955. The Act specifies that Buddhists, Sikhs, and Jains are likewise considered to be Hindus. The Act must be viewed in conjunction with any related laws, such as the Hindu Adoption and Maintenance Act.

The Special Marriage Act (1954)

Whenever two individuals who practice different cultures and religions are married, this Act is applicable. As the name implies, it addresses the unique circumstances of an interfaith union. The fact that such a law exists demonstrates how liberal and progressive our legislators are.

Act on Divorce (1869)

This was the Act that controlled Christian divorce in British India.

The Muslim Law

Muslim personal law often referred to as Sharia law, is mostly regulated by unwritten conventions and practices. However, the laws outlined in the Holy Quran predominate. Additionally, Shia Muslims and Sunnis Muslims follow slightly different norms.

Recent legal analysis on the subject has produced the following conclusions

The first formal complaint must be filed within one year following the separation, although even the separation need not be physical. They could just have remained together, but they had no desire to share a marriage-like relationship.

If somehow the court believes there is no chance of the parties coming to an agreement, it may decide to suspend the 6- to an 18-month cooling-off period. This happens because the Supreme Court has held that the cooling-off period’s sole purpose was to give the parties adequate time to evaluate their choice and to refrain from making any hasty decisions.

Moreover, the intention was never intended to prolong their suffering or anguish. As a result, it would have been pointless to obstruct the goals of fairness in favor of just upholding the letter of the law in the absence of any chance at all of reconciling.

The need that both applications be filed by both spouses mutually is the most crucial component of a divorce through mutual consent. Mutual consent divorce cannot be carried out if one partner withdraws during the proceedings. 

closure

Marriage and divorce-related personal law have been well evolved in India, where there is a sufficient amount of legislation and case law. Furthermore, these rules must also change to reflect how society is evolving and India’s family courts have done a great job of understanding this.

 

Hannah Joy

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