Professional Documents
Culture Documents
and
SEPARATION
The
Dissolu,on
of
Muslim
Marriage
Act,
1939
The
Special
Marriage
Act,
1956
The
Parsi
Marriage
and
Divorce
Act,
1936
The
Hindu
Marriage
Act,
1955
The
Foreign
Marriage
Act,
1969
Central
legisla,ons
on
divorce
Indian
Divorce
Act,
1869
MUTUAL CONSENT
CONTESTED
ANNULMENT
Grounds
to
determine
maintenance
by
court
Adultery
The
act
of
indulging
in
any
kind
of
sexual
rela,onship
outside
the
marriage
is
termed
as
adultery.
It
is
also
cons,tutes
a
criminal
oence
for
males.
One
single
act
of
adultery
is
enough
for
either
spouse
to
le
a
divorce
pe,,on
on
this
ground
(1976
amendment).
Cruelty
Any
kind
of
mental
and
physical
injury
that
causes
danger
to
life,
limb
and
health
cons,tutes
cruelty.
The
intangible
acts
of
cruelty
through
mental
torture
are
judged
on
a
series
of
incidents.
Food
being
denied,
con,nuous
ill
treatment,
abuse
to
acquire
dowry,
perverse
sexual
act/s,
etc.
are
included
under
the
deni,on
of
cruelty.
Either
spouse
can
le
a
divorce
pe,,on
based
on
this
ground.
Deser,on
If
one
of
the
spouse
voluntarily
abandons
his/her
partner
for
a
minimum
period
of
two
years,
the
abandoned
spouse
can
le
a
divorce
pe,,on
on
the
ground
of
deser,on.
Conversion
If
either
spouse
converts
to
a
dierent
religion(any
religion
other
than
Hinduism)
then
their
partner
may
le
a
divorce
pe,,on
based
on
this
ground.
Leprosy
If
either
spouse
has
a
virulent
and
incurable
form
of
leprosy,
then
their
partner
can
le
a
divorce
pe,,on
on
this
ground.
Venereal
Disease
If
either
spouse
is
suering
from
a
communicable
disease
such
as
AIDS
then
their
partner
can
le
a
divorce
pe,,on
on
this
ground.
Renuncia,on
If
either
spouse
renounces
all
worldly
aairs
by
embracing
a
religious
order
then
their
partner
can
le
a
divorce
pe,,on
based
on
this
ground.
Not
Heard
Alive
If
the
spouse
is
not
seen
or
heard
to
be
alive
by
those
who
are
expected
to
be
naturally
heard
by
the
person,
for
a
con,nuous
period
of
seven
years,
the
person
is
presumed
to
be
dead
and
their
partner
has
the
right
to
le
a
divorce
pe,,on
on
this
ground.
No
Resump,on
of
Co-habita,on
It
becomes
a
ground
for
divorce
if
the
couple
fails
to
resume
their
co-habita,on
ader
the
court
has
passed
a
decree
of
separa,on.
Adultery
Conversion
to
another
religion
If
either
spouse
has
leprosy
or
communicable
venereal
disease
or
is
of
unsound
mind
for
a
minimum
of
two
years,
then
their
partner
has
the
op,on
of
ling
a
divorce
case.
The pre condition for divorce for Hindus is that the couple should be living separately
for at least one year.
A lawyer should be hired.
There are two types of approaches to file an application for divorce which areby mutual consent or by contest.
The papers to be submitted in the court include the Income Tax returns for three years,
details of present income, the purpose for applying the divorce, birth and family details
and the details of the assets possessed.
A Vakalatnama has to be issued in favor of the lawyer to present the case.
The grounds for Hindu divorce can be anything from adultery, desertion, mental
disorder, renunciation, life threatening disease (explained above).
Once the application is submitted, the case comes up for hearing after six months.
During this period, the couple is asked to reconsider their decision for divorce.
In case the couple does not appear in the court after this cooling period the
application stands void automatically. The couple also has the option of withdrawing
the application during these six months.
During the divorce process, the couple should come to a conclusion related to custody
of child, return of marriage gifts, post divorce maintenance and litigation expenses.
In cases of divorce by mutual consent, the alimony amount is decided mutually, but in
contested cases, the courts of law steps in to decide the alimony amounts, if the parties
fail to do so.
Factors
for
discussion
Details
of
the
pe,,oners
profession
and
present
remunera,on.
Informa,on
related
to
family
background
of
the
pe,,oner.
Return of Streedhan
Details
of
proper,es
and
other
assets
owned
by
the
pe,,oner.
Whenever
it
appears
to
the
district
court
that
the
wife
has
no
independent
income
sucient
for
her
support
and
the
necessary
expenses
of
the
proceeding,
it
may,
on
the
applica,on
of
the
wife
order
the
husband
to
pay
to
her
the
expenses
of
the
proceeding
or
such
a
sum
having
regard
to
the
husband's
income
which
may
seem
resonable
to
the
court.
DETAILS
OF
ALIMONY
The
Supreme
Court
has
ruled
that
even
though
bigamy
may
be
illegal
under
Hindu
law,
such
a
marriage
can't
be
declared
immoral
and
the
'illegal'
wife
cannot
be
denied
alimony
as
long
as
she
did
not
know
about
the
previous
marriage.
The
ruling
came
with
the
apex
court
legi,mising
the
maintenance
claim
of
a
Hindu
wife
whose
marriage
was
declared
illegal
on
grounds
that
it
was
bigamy.
The
court
said
her
husband
was
liable
to
pay
alimony
to
her
and
maintenance
for
their
children.
CHILD
CUSTODY
The
court
may
pass
a
decree
as
it
may
seem
to
be
just
and
proper
with
respect
to
the
custody,
maintenance
and
educa,on
of
minor
children,
consistently
with
their
wishes,
wherever
possible.
The
Court
has
the
power
to
revoke,
suspend
or
vary
all
such
orders
and
provisions
with
respect
to
the
custody
of
a
child
,ll
the
,me
the
decree
is
pending.