Divorce is legal termination of a marriage. It is referred as dissolution of marriage such that parties to the marriage are no longer considered married to each other. Divorce being a legal act requires a legal affirmation by the court for finalisation. Any person who wishes for divorce must reach the court through an application requesting the same. However there is many issues and conflicts that needs to be addressed by the court before granting divorce to a couple.
In India, Divorce is more than a legal process, it is considered a social stigma and the law also tries to protect the relationship between two individuals. However this shouldn’t stop a couple or an individual to live in a bad marriage. But at the same time one cannot assume Divorce is granted the moment one applies for it. There are certain legal aspects that need to be established before the court to get divorce. It is always better to seek legal advice prior to filing of divorce but in this article we will talk about some basic elements that needs to be addressed.
As mentioned earlier, there are many legal issues that are needed to be addressed before granting Divorce. The question of maintenance to be paid by one party to the other till the time a case is in the court for adjudication or after the divorce is one of the issue. The amount of maintenance, the method of such payment, maintenance to be paid for the child etc. are other consideration. Another issue can be related to Child Custody as to which party should have the right over the child and his/her well-being. Any property given at the time of marriage or acquired by the couple jointly or the question of residence after divorce is also a question that is to be answered.
The ways to get divorce in India are primarily two. The first being a simple and most efficient way to get a divorce called Divorce by Mutual Consent. As the name suggest, it is a divorce between the couple who are mutually agreeing to get a divorce and end their matrimonial relationship on mutually agreed terms. All this couple has to do is come forward with an application in which they beforehand agree to all the other legal issues as discussed above. They have to agree on the issue of maintenance, child custody and joint property to get a divorce under this head. The application under this kind of divorce may be jointly filed and even through the help of a common lawyer. It is time and cost effective way to get a divorce under Indian laws and with less mental suffering.
Both the parties to the marriage are living separately and not as husband and wife for a period of one year or more.
Both the parties are not able to stay and live together as husband and wife.
If no such withdrawal takes place, the court will grant a divorce to the parties putting a legal end to marriage in between them.
Both parties have mutually agreed to dissolve the marriage and a petition of the same in writing is presented in the court.
After the petition is filed a waiting period of 6 month is granted to the couple for withdrawing the petition and re-think about divorce.
Although sometimes, divorce turn out to be messy judicial battle owing to the emotion involved in it and parties fail to come to any mutual understanding on any legal issue. It so happens sometimes that one party refuse for divorce or not agree on issue of maintenance or custody of child. In such cases, obviously, mutual agreement can’t be expected and we have to adopt other ways to get divorce. Mediation between parties by the help of legal professional so that they agree to such terms and condition may be one of the solution to it. Mediation is simply out-of-court settlement to a difference or conflict between the couple and would help them in coming to a harmonious solution.
If there is no scope of coming to any mutual understanding then a divorce can only be contested in a court. This means that a party who is willing to get a divorce has to file a petition asking for it. He/she would have to prove certain fault or wrongs committed by the other party to the marriage in order to satisfy the court that divorce is the only way to settle the dispute. There is a list of these fault grounds already mentioned in the statute.
In simple words it means the abandonment of one party by another defaulting party. Although it is not necessary that there exists actual physical abandonment but even if by the acts of the party it is clear, that the accused has withdrawn from cohabitation or performing his marital obligation then such acts would qualify as desertion. For example: living in the same house but not sharing a healthy husband and wife relationship. One has to establish that the accused party has deserted the aggrieved for not less than 2 years before the filing of the petition.
Welcome to our website. Before proceeding, please carefully read and understand the following disclaimer. By accessing and using this website, you acknowledge that you have read, understood, and agreed to the terms and conditions outlined in this disclaimer. If you do not agree with any part of this disclaimer, please refrain from using this website.
This website is intended solely for the purpose of providing legal information and knowledge, as well as promoting awareness about legal matters. We would like to emphasize that we do not engage in any form of advertising or solicitation of legal services. We fully comply with the rules and regulations set forth by the Bar Council of India (BCI), which strictly prohibit any form of advertising or solicitation. The content on this website is purely informative and educational.
The content provided on this website is for general informational purposes only. It is not intended to be, and should not be construed as, legal advice or a substitute for professional legal counsel. The information presented on this website may not be applicable to your specific legal situation. Therefore, you should not rely on the information on this website as legal advice. For personalized legal advice, we recommend consulting with a qualified lawyer who can assess your specific circumstances.
Accessing this website or contacting us through this website does not create a lawyer-client relationship between you and us. Any communication or information exchanged with us through this website is not privileged or confidential. We cannot guarantee the security of any information transmitted to us through this website or by email. Therefore, please refrain from sending any confidential or sensitive information through this website.
While we strive to provide accurate and up-to-date information on this website, we make no warranties or representations about the accuracy, completeness, or currency of the information provided. We disclaim any liability for any errors or omissions in the content of this website. It is recommended to independently verify the information provided on this website before relying on it.
This website may contain links to third-party websites for your convenience. We do not endorse or control the content of these websites, and we are not responsible for the information, products, or services provided by these third-party websites. Your use of any third-party websites is subject to their respective terms and conditions.
All intellectual property rights, including copyrights and trademarks, in the content of this website belong to us or are licensed to us. You may not copy, reproduce, distribute, or create derivative works from the content of this website without our prior written consent.
The content published on the website is the copyright of Bijlani & Co. and the same shall not be copied, disseminated or published without express permission.
We reserve the right to modify, amend, or update this disclaimer at any time without prior notice. Any changes to this disclaimer will be effective immediately upon posting on this website.
By accessing and using this website, you acknowledge and agree to abide by the terms and conditions stated in this disclaimer. To proceed, please click on the "I Agree" button below. If you do not agree with any part of this disclaimer, please refrain from using this website.
Thank you for visiting our website.