Is Divorce Law Come From Hindu Marriage Act

But a lot of developments in the area of marriage and divorce laws were observed with the adoption of the Hindu Marriage Act 1955. Sections 13, 13, 13-B, 14, and 15 of the HMA of 1955 all discuss divorce. The criteria for obtaining a divorce are outlined in Section 13. According to Section 14, spouses cannot file for divorce until after one year of marriage, although in rare cases, such as where bigamy is involved or when the petitioner's agreement was obtained via deceit or fraud, such petitions may be considered.

Section 15 states that a divorced person may remarry when certain conditions are met, such as when there is no right of appeal against the divorce decree, the appeal period has passed, or an appeal has been filed but was denied. In these circumstances, it is legal for either party to remarry.

The simplest definition of divorce is the legal dissolution of a marriage through a court process. However, there are other procedures and laws that must be followed in order to obtain a divorce in India, including those specific to Hindus, Muslims, and Christians. In addition to the separation of the husband and wife after a divorce, child custody and property distribution are important issues.

Divorce Theories

Regarding divorce, there are three theories:

Fault idea: According to this idea, if one spouse violates the terms of their marriage agreement, the other spouse may file for divorce. This sort of divorce may be filed under Section 13 of the Hindu Marriage Act.
Mutual Consent Theory: Section 13-B of the Hindu Marriage Act addresses mutual divorce. Husband and wife both agree to obtain a divorce amicably. If there are children involved, the parties agree beforehand on child custody and alimony payments. However, there are two prerequisites for this kind of divorce: (i) mutual consent; and (ii) they must have lived apart for at least a year before filing.
According to the irretrievable breakdown of marriage theory, when a husband and wife are unable to cohabitate and it has gotten to the point where it is impossible to save the marriage, it has irretrievably broken down. Some situations, such as when couples don't live together or fight frequently, might cause a marriage to end permanently. This form of divorce differs from the previous two in India since the court determines whether the marriage may be salvaged or not after considering the relevant facts, circumstances, and evidence. However, there is currently no codified rule governing it. There are essentially three hypotheses under this Act that allow for the award of a divorce:
Theory of fault or guilt
Consent theory and the notion of supervening conditions
The Irrecoverable Collapse The fourth and most contentious theory in legal jurisprudence is the theory of divorce, which is founded on the idea that marriage is a union of two individuals based on love, affection, and respect for one another. As a result, it is assumed de facto that a relationship has irretrievably broken down.

If two married parties live apart for a significant amount of time (let's say, two or three years), either for any justifiable reason (such as cruelty, adultery, or desertion) or even without justifiable reason, indicating that neither party wants to live with the other and that all efforts to reconcile have failed, it will be assumed by the law that the relationship is now over.

Recent recommendations from the Supreme Court include amending the Act to allow either spouse to use the other's refusal to cohabit as grounds for divorce. The Court vehemently argued for including this idea in the legislation in light of the shift in circumstances, expressing concern that divorce could not be granted in a number of situations when marriages were all but over since there was no provision for irretrievable breakup. The Court noted that marital status must be preserved as much as feasible, for as long as possible, and whenever possible, in order to serve the public interest.

If the couple lives in Gurgaon, then a Divorce Lawyer in Gurgaonmay be hired. Moreover, if the petition is filed in Ghaziabad, then Divorce Lawyer in Ghaziabad may be appointed. divorce lawyer in Dlehi may also be appointed if the petition is filed in Delhi.

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