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Divorce under The Hindu Marriage Act, 1955

Divorce is a method by which the marriage or marital union between two adults terminated or comes to an end, so it is also known as dissolution of marriage. It is the way to dissolve the bonds of matrimony under the rule of law of any particular country. In India divorce has different procedure in different religion as till date India has not adopted Uniform Civil Code. So the Hindu marriage Act, 1955 governs the divorce for the Hindus, Jain, Sikhs, and Buddhists.

The dissolution of Muslim marriage Act, 1939 for Muslims, the parsis marriage and divorce Act, 1936 for parsis, and Indian divorce Act, 1869 for Christians. There is one more act for inter-community marriages and it is governed by The special marriage Act, 1954. Divorce also provide both individual to normalise their status as if they both are not married. Divorce erases all the rights and obligations from both side of parties or spouses.

Steps to get divorce in India under The Hindu marriage Act, 1955

  1. The lawyer of both parties will file a petition for divorce and it has to be presented before family court with attached evidence as which proves that both husband and wife have been living separately for a minimum period of required time and i.e., one year. After checking of papers, evidences and every details regarding divorce as per prescribed Law, each party has to sign in the petition file as per required space.
  2. After this, family court will provide a specific date and ask for every small details which is required as per rule to scrutinize every aspect, for example; family background of both parties, property owned, reason for divorce, address proof, and many more. After examining and scrutinizing by court, Both parties appear before Court on given date. The parties are represented by their counsels.

    During inspection, Court always advise to bring reconciliation between spouses as Hindu marriage is regarded as sacred and a bond of Indissoluble nature or permanent bond. Keeping this in view, Court always advise for reconciliation but if it is not possible then court proceeds as per law.
  3. After examining carefully, Court order, both the parties statement to be recorded on oath. Right away after submission of statement, Court pass the first motion with an attachment of last hope for reconciliation between both parties or spouses. As Court provides 6 month period to create/bring harmony or reunion, before the file the second motion. The maximum period given by Court is 18 month from the date of petition in family court, after which it get rejected.
  4. During the given period of time, if both party gets reconcile then the council gives cancellation notice for divorce petition, but if party not want to reconcile then they are free to go further with the proceedings and appear for the second motion and this is also known as final hearing of divorce matter. During the second motion hearing, final statement recording of each part has to be recorded before the family court.

    (As per Section 13B, inserted in the Hindu Marriage Act in 1976 to introduce divorce through mutual consent, provides for a total 18 months before a decree for divorce can be passed. Under Section 13B(1), a divorce petition can be moved by a couple following a judicial separation of one year. This may be followed by another six months of waiting period under Section 13B(2) for getting a decree.)
  5. After Statement recording, time comes for the need of full and fledged agreement between spouse for dissolution of marriage, So that there shall not be an any sort of conflict or difference left in the matters related to Property division, child custody, contentions regarding alimony, maintenance, dept division, etc.
  6. If the court is satisfied by each side and if there is no any sort of escape clause and there cannot be any chance of coexistence and reconciliation, then Court passes a decree of divorce declaring marriage to be terminated or dissolved, after the court decree of divorce, Marriage gets void and invalid.

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