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Offline admin

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Divorce laws in India
« on: February 08, 2012, 09:07:51 PM »
Divorce laws in India

(l) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition

presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the

other party-
(i) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other

than his or her spouse; or
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding

the presentation of the petition; or
(ii) has ceased to be a Hindu by conversion to another religion; or
*(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from

mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to

live with the respondent.

Explanation.-In this clause-
(a) the expression "mental disorder" means mental illness, arrested or incomplete development of mind,

psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;
(b) the expression "psychopathic disorder" means a persistent disorder or disability of mind (whether or

not including sub­ normality of intelligence) which results in abnormally aggressive or seriously

irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to

medical treatment; or

(iv) has been suffering from a virulent and incurable form of leprosy; or (v) has been suffering from

venereal disease in a communicable form; or (vi) has renounced the world by entering any religious order;

or
(vii) has not been heard of as being alive for a period of seven years or more by those persons who would

naturally have heard of it, and that party been alive;

Explanation.- In this sub-section, the expression "desertion" means the desertion of the petitioner by

the other party to the marriage without reasonable cause and without the consent or against the wish of

such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its

grammatical variations and cognate expressions shall be construed accordingly;

(lA) 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-
(i) that there has been 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; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a

period of one year or upwards after the passing of a decree for restitution of conjugal rights in a

proceeding to which they were parties.

(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the

ground,-

(i) in the case of any marriage solemnized before the commencement of this Act, that the husband had

married again before such commencement or that any other wife of the husband married before such

commencement was alive at the time of the solemnization ofthe marriage of the petitioner;
Provided that in either case the other wife is alive at the time of the presentation of the petition; or
(ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or

bestiality; or
(iii) that in a suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956, or in a

proceeding under section 125 of the Code of Criminal Procedure, 1973 (or under the corresponding section

488 of the Code of Criminal Procedure, 1898), a decree or order, as the case may be, has been passed

against the husband awarding maintenance to the wife notwithstanding that she was living apart and that

since the passing of such decree or order, cohabitation between the parties has not been resumed for one

year or upwards; or
(iv) that her marriage (whether consummated or not) was solemnized before she attained the age of fifteen

years and she has repudiated the marriage after attaining that age but before attaining the age of

eighteen years.

Explanation.-This clause applies whether the marriage was solemnized before or after the commencement of

the Marriage Laws (Amendment) Act 1976.
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Important links:
* Grounds of Divorce: http://www.legalserviceindia.com/helpline/grounds_for_divorce.htm
* Adultery: http://www.legalserviceindia.com/helpline/adultery.htm
* Additional Grounds for Divorce for wife: http://www.legalserviceindia.com/helpline/divorce_for_wife.htm
* Other Instances of Divorce Laws: http://www.legalserviceindia.com/helpline/divorce_effects.htm
* Divorce by mutual consent in India: http://www.legalserviceindia.com/helpline/mutual_divorce.htm
* Irretrievable breakdown of marriage in India:

http://www.legalserviceindia.com/helpline/Irretrievable_breakdown_marriage.htm
*   Family Laws: http://www.legalserviceindia.com/helpline/helpline_HOME.htm
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JavierFadden

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Re: Divorce laws in India
« Reply #1 on: January 09, 2013, 03:51:31 AM »
In India divorce laws is different as compared to US. It is basically discourage, but as time changing divorce take place by fast catching. Maintenance of divorced wife is another aspects in India and it is addressed by the supreme court.

rivenbark121

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Re: Divorce laws in India
« Reply #2 on: January 19, 2013, 02:34:56 AM »
Hello

   Thank the information sharing and
In India divorce laws is different as compared to US. and court in the advocate in US

Offline swannjohnm

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Re: Divorce laws in India
« Reply #3 on: February 18, 2013, 02:20:17 AM »
The process for divorce in India is based on many laws. When searching for information for Indian divorce, it is essential to know suitable Indian divorce laws that will help your own divorce.

Offline fourinsmith

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Re: Divorce laws in India
« Reply #4 on: February 28, 2013, 01:51:13 AM »
A lawyer should assist in maintaining the honour and integrity of the legal profession, should expose without fear or favor before the proper tribunals, unprofessional or dishonest conduct by any other lawyer. Divorce process is not so ease it including many things. At that situations, Lawyers plays a prominent role to give best result.

what is a qualified domestic relations order
« Last Edit: February 28, 2013, 01:52:57 AM by fourinsmith »

Offline justinwilliana

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Re: Divorce laws in India
« Reply #5 on: April 23, 2013, 11:43:48 PM »
Divorce law is so structured that its is weighed in favor of the woman. Also in case one of the parties does not want to go in for a divorce, then getting a divorce can be difficult.

Offline aaronrollen

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Re: Divorce laws in India
« Reply #6 on: April 25, 2013, 11:51:55 PM »
Divorce is the thing, which is for the people those who wants to live separately from their partners. In around world these divorce cases are increasing more and more, due to misunderstandings of the couples. For this one separate law is there, here i am searching for the lawyer, who are export in divorce cases.

 

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