Divorce is a very difficult and painful process. It involves a lot of paperwork and requires the assistance of a lawyer.
It still represents a social stigma as it goes against the Indian traditional belief that marriages are forever.
However, the divorce rules are being changed as per the need of society. There is a bill in the Parliament that would allow divorce on the ground of irreconcilable differences leading to breakdown of marriage.
- The six-month rehabilitation period is no longer mandatory
Divorce in India has been a difficult process for couples to undergo. It involves a lot of steps and counseling that must be completed before a divorce is granted.
As a result, the rate of divorce in India is relatively low. This is because societal pressures on men and women to remain married are strong.
The Hindu Marriage Act allows for divorce by mutual consent if the marriage has irretrievably broken down. It also contains a mandatory cooling off period of six months in order to allow the parties to rethink their decision.
But the Supreme Court has recently ruled that this period is no longer mandatory and can be waived at the discretion of the court.
In the case of Amardeep Singh vs Harveen Kaur, the Delhi High Court waived off the cooling off period for a couple who was separated for eight years and were able to arrive at mutually amicable settlements on issues such as alimony, custody of children and maintenance before filing their divorce petition. The court ruled that delaying the dissolution of their marriage would only add to their problems.
- The wife or live-in partner can seek remedies under the Protection of Women from Domestic Violence Act
Domestic violence is the act of one person inflicting abuse on another in a domestic relationship. This can take many forms including physical, sexual or psychological abuse.
There are a number of ways to seek remedies under the Protection of Women from Domestic Violence Act. You can apply for a protection order, residence order or monetary reliefs.
Having these orders in place can make it difficult for your partner to get access to you, your children or even your home. However, it is not always easy to obtain these orders and it can be a long process.
If you have been a victim of domestic violence or are concerned that you may be, our specialist family lawyers will be able to advise you on your options and help you get the protection you need. Contact us today for a free consultation!
- Adultery is a ground for divorce
In some cases, a divorce may be granted on the basis of adultery. This is usually considered a severe sin and can result in permanent damage to your relationship with your spouse.
A person can commit adultery in many ways, including by having sex with someone who is not their spouse. Physical adultery is the most common form of infidelity, but there are also other types of infidelity that can be considered a form of adultery.
Often, a person can be guilty of adultery by sharing their personal thoughts and feelings with someone who is not their spouse. This is called emotional adultery and it can have a huge impact on your relationship with your spouse.
Historically, adultery was widely condemned and punished, and it was a form of larceny. It tended to undercut a man’s right to legitimate heirs, and it may have even distorted dynastic models of marriage.
- Triple Talaq is not a valid reason for divorce
Triple Talaq (talaq-e-biddat) is a practice among India’s Muslim community, which allows men to divorce their wives by simply saying the word talaq three times. This can be done either orally or in written form, and, more recently, by using electronic means such as telephone, SMS, and email.
A recent Supreme Court ruling declared instant Triple Talaq unconstitutional, and the act is now a criminal offence in India. The law also provides for police powers to arrest a man who has said the word talaq to his wife without any warrant or court order.
The law has also been criticized for being ineffective, as it does not stop the offence from taking place in the first place. Furthermore, it does not give the woman any protection or maintenance. In fact, it even makes her a target of her husband and his family members.