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Author Topic: Divorce laws  (Read 5553 times)

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Offline rupa

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Divorce laws
« on: February 08, 2012, 09:10:57 PM »
Divorce in India is certainly not an easy procedure. The entire process of divorce that starts from

coping up with emotional ups and downs to contesting for the long awaited divorce decree for several

months is definitely a tough affair to get through. Before opting for a divorce you should be aware of

the fact that a divorce procedure in India extents for almost a year and in some special cases of

disputes the procedure may continue for years. The long distressing process of divorce will be easier for

you to handle if you have a firm determination to get the divorce.

Due to existence of diverse religious faiths in India, the Indian Judiciary has implemented laws

separately for couples belonging to different religious beliefs.

Divorce procedure in India is based on the following acts.

* The Hindu Marriage Act, 1955
* The Parsi Marriage and Divorce Act, 1936
* The dissolution of Muslim Marriage act, 1939
* The Parsi Marriage and Divorce Act, 1936
* The Special Marriage Act, 1956
* The Foreign Marriage Act, 1969

With the advancement of time and social awareness, several acts have been passed by the government to

make the present day divorce procedure in India more progressive with respect to gender affairs and

related sensitive issues. The Muslim Women Act 1986 was passed to protect the rights of Muslim women on

divorce. For inter caste and inter- religion marriages the divorce laws are approved under The Special

Marriage Act, 1956.

A contested divorce is filed on the grounds that are mentioned in the acts passed out separately for

different Indian religions.

For a mutual divorce procedure in India, you can come to an agreement with your spouse where you may

resolve all kinds of disputes regarding maintenance, custody of children and such.

Under Section 13B of the Hindu Marriage Act, a husband and wife can file a mutual divorce only when they

have lived apart for at least a year. The couple must jointly mention about their inability to continue

the marital relationship due to some unavoidable circumstances. Both the sides must voluntarily agree to

dissolve the marriage.

The filing of a mutual divorce by both the husband and the wife is termed as ‘the first motion’. A couple

can file for a second motion after a gap of six months. The six months time span is provided to the

couple so that they get the time to reconsider their marriage.

A divorce decree can be passed before the completion of the six months term if all the mandatory

requirements for the divorce are sufficed. If the divorce file is not withdrawn within eighteen months

the court passes a divorce decree. Incase one of the sides withdraws his/her petition the court initiates

to make an enquiry. If the concerned side disagrees to give the consent, the court holds no right to pass

the divorce judgment.


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Re: Divorce laws
« Reply #1 on: January 09, 2013, 03:44:26 AM »
Divorce is the simple process but it take times and involve some complex legal process. It define marriage end and this consists legal arrangements to marriage dissolution which requires a court hearing.


  • Guest
Re: Divorce laws
« Reply #2 on: February 04, 2013, 02:25:36 AM »
Divorce is one of the most complicated procedure. It is very essential for the couple who are wishing to have divorce should hire appropriate and good lawyer

Offline swannjohnm

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Re: Divorce laws
« Reply #3 on: February 15, 2013, 03:03:22 AM »
Getting a divorce can be a complicated and stressful process. An experienced divorce lawyer can make the whole procedure less stressful and quick. Therefore, it is important that you hire an experienced divorce lawyer who can help you through the divorce process.

Offline fourinsmith

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Re: Divorce laws
« Reply #4 on: February 24, 2013, 08:54:26 PM »
According to my knowledge, Divorce process is not so ease it including many things. At that situation, Lawyers plays a prominent role to give best result. There are plenty of divorce lawyers are available, We can select them based upon the problem. Choose the professional, good track record and experienced lawyer to solve our problem.

what is a qualified domestic relations order

Offline justinwilliana

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Re: Divorce laws
« Reply #5 on: April 23, 2013, 11:42:42 PM »
Divorce is accepted as a norm and a part of human behavior in most societies in the world. However the Catholic religion which believes in the concept of marriage as a sacred bond does not recognize a divorce.

Offline aaronrollen

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Re: Divorce laws
« Reply #6 on: April 26, 2013, 12:03:10 AM »
Divorce is the process for separating the married couples, those who are not interested to living together. For getting divorce there are many rules and regulations are there, based on that we need to follow them. I am looking for the divorce lawyer to my sister, so if any one knows any information about the lawyers, then inform to me.

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