by Yogiraj Sadaphal
Divorce is the legal dissolution of a man and a woman’s marital union. Divorce is one of life’s most devastating events for any couple. Furthermore, if the divorce is disputed in India, it can be a complicated and expensive process. Even couples who agree to divorce must show that they have been separated for at least a year before the courts would hear their case.
Divorce by Mutual Consent.
The courts will consider a divorce with mutual consent if both the husband and woman agree to divorce. However, in order for the petition to be allowed, the couple must have been separated for at least a year or two years (depending on the relevant laws) and be able to demonstrate that they are unable to live together.
There are three factors where a husband and wife must strike a deal.
One is the issue of alimony or maintenance. According to the law, there is no minimum or maximum maintenance amount. It could be any number or none.
The second factor is the custody of the child. This must be worked out between the parties, as it is inevitably what takes the most time in a divorce where there is no mutual consent. In a mutual consent divorce, child custody might be shared, joint, or exclusive, depending on the spouses’ understanding.
The property is the third factor. The husband and wife must agree on who gets what portion of the property. This refers to both moveable and immovable assets.
What does the Section say?
According to Section 13 B of the Hindu Marriage Act, 1955, and Section 28 of the Special Marriage Act, 1954, the couple must live separately for at least one year before divorce proceedings begin. It’s important to remember that living separately does not always mean living in different places; the couple only needs to prove that they haven’t been living together as husband and wife during this time.
Reason behind Divorce.
Adultery is defined as engaging in any type of sexual relationship, including intercourse outside of marriage. Adultery is considered a criminal conduct, and sufficient evidence is required to prove it. One act of adultery is enough for the petitioner to receive a divorce, according to a 1976 revision to the legislation.
When a spouse is subjected to any type of mental or physical injury that puts his or her life, limb, or health in danger, he or she has the right to petition for divorce. The ephemeral acts of cruelty committed by mental torture are determined on a series of events rather than a single act. Certain situations, like as denial of food, chronic ill-treatment and abuses to obtain dowry, weird sexual acts, and so on, are included cruelty.
The abandoned spouse can launch a divorce action on the grounds of desertion if one of the spouses intentionally abandons his or her partner for at least two years.
4. Mental Disorder.
Mental disorder can be used as a basis for divorce if the petitioner’s spouse suffers from an incurable mental illness or insanity, making it impossible for the couple to stay together.
The other spouse can bring a petition based on this reason if the other spouse has a ‘virulent and incurable’ form of leprosy.
6. Venereal Disease.
If one of the spouses has a serious disease that is easily transmissible, the other spouse can file for divorce. AIDS and other sexually transmitted diseases are classified as venereal diseases.
If one spouse joins a religious order and renounces all belongings, the other spouse is eligible to divorce.
8. Presumption of Death.
If the spouse has not been heard of as being alive for at least seven years by those who would have heard about him or her if he or she were alive, the spouse who is living can obtain a divorce decision from the court.
Marriage is a lifelong Commitment that is necessary for society’s establishment structure to function. When Children are involved in a divorce, the decision becomes much more difficult, which is why both couples must make restitution. Marriage is a major life decision that should be carefully considered. To make the relationship flourish, more efforts should be taken other than getting divorce.