FACTS OF DIVORCE LAW
Divorce is the detachment of husband and wife legally after marriage. The divorce process begins with emotional ups and downs between the couple. A divorce procedure in India extents for about one year so one should be aware of this fact before going for a divorce. Some notable controversy may continue for many years.
The divorce procedure in India may vary according to communities having their law because India is known for several religious and community being together. So the method depends on the couple seeking a divorce.
All Hindus and religions that originated from Hinduism such as Buddhists, Sikhs, and Jain can get a divorce under the Hindu Marriage Act 1955.
Muslim, Christian and pars communities have their laws to govern marriage and divorce. Spouses who are from other communities can go for divorce under the Special Marriage Act 1969. If the partner is from other nationality, it comes under the Foreign Marriage Act 1969.
For a detailed Divorce chart please go through the below link
SHOCKING REALISTIC ABOUT DIVORCE
Divorce law in India may be classified into divorce by mutual consent are as follows
REASONS FOR CONTESTED DIVORCE
In this contested divorce, there are specific reasons on the appeal can be made. Here husband or wife cannot apply divorce without a cause the rules are as follows:
Inhumanity behaviour of a spouse can be a reason. It may be physical or mental torture towards the party. If a spouse has reasonable anxiety in the mind of about others, it is enough to obtain a divorce.
In India, if a man commits adultery, it will be punished consider as a criminal crime. The wife may apply for divorce, but if a woman commits adultery, it will not be regarded as a crime. However, the husband can file a case on adulterers woman for affair.
If the spouse is unable to complete the regular units needed in a marriage due to mental illness can pursue a divorce.
If the partner suffers deadly disease like HIV, syphilis or incurable leprosy, the laws say that other party can look for a divorce.
If the spouse wants to leave from his/her marriage life and prefer sannyasa, then the other party obtains a divorce.
To finalize the contested divorce, the spouse has to face various process before getting the divorce.
In a contested divorce, the court expects the child’s decision. The court surveys the eligibility of the father or mother to be the best to their child. Usually, the non-working mother was given custody to these children. Father provides financial support for that child, and the father will be allowed to see his child once in a week or month with the mother’s agreement.
To decide the amount of maintenance to be paid, the court will take into account the earning potential of the husband.
RELATIONSHIP AND GENERATION OF VOID MARRIAGE
The parties should not have a spouse living in the time of their marriage. If anyone has their spouse alive from their earlier marriage, then the second marriage will be void.
Persons who come under forbidden relationships, these relationship includes the father side as well as the mother’s side. This marriage is also coming under void.
The marriage made with sapinda relationships are void sapinda relationship is fourth-generation before the first generation in father’s side and the third generation before in mother’s side.
Mutual consent means uncoupling of parties by mutual understanding seeking for a divorce. According to section 13B of Hindus Marriage Act of Indian law, the parties can look for divorce by filing a petition before the court with mutual consent. It is the simplest way to terminate the marriage of any couples legally. The primary obligation of mutual support between the husband and wife is to attain the joint agreement, which is accepted by both the parties.
The first one is alimony or otherwise known as a maintenance issue. According to the law, there is no minimum or maximum limit of alimony.
The second crucial thing is child custody. This can be resolved expertly between the parties shared or joint or upon the under of the spouses.
RENUNCIATION OF THE WORLD
It is abandoning all the material comforts and interest to achieve spiritual enlightenment by a person in the relationship.
WHY SHOULD THE CHILD APPLY FOR DIVORCE
When a girl under the age of 18 or the boy under the age of 21 is forced into marriage by the family pressure , the innocent party is permitted to apply for divorce.