Friday, 3 Feb 2023

KNOW MORE ABOUT THE NEW RULES FOR DIVORCE IN INDIA

India is a common law nation, and when new issues and circumstances arise, the law is always evolving. As a consequence of this legal development, India has adopted new divorce regulations over time. Finding grounds for settlement and coexistence between the married couple is constantly the goal of legal separation. The jury may approve a divorce if the pair is no longer in a position to work things out. Marriage is dissolved as a result of divorce, which is a legal action against the external world. The laws governing divorce have also been changed to accommodate the shift in marriage trends. Have a look at some of the famous divorce lawyers in bangalore

Waiver of the 6-month Mandatory Period

The court has given six months for rehab whenever a couple requests a divorce under Section 13B(2) of the Hindu Marriage Act of 1955. Separation by permission of the parties is covered by Section 13B(2). To salvage a marriage, a six-month grace period was provided. The Supreme Court now holds a different perspective, though. The six-month time is not required but rather is a matter of discretion, according to the Supreme Court in Akansha v. Anupam Mathur. As instructed by the Supreme Court, the lower courts are moving more quickly through the divorce proceedings. When a couple wants to settle their differences amicably, whether it be over alimony, parental rights, or anything else, the option of waiving may be used.

Unrecoverable Marriage Breakdown

It is equal to detachment when a circumstance arises that prevents partners from cohabitating in a wedding or other committed relationship. There is no specific law that deals with this problem. Considering the court’s discretion, this may qualify as a cause of separation under Section 13 of the HMA. Irretrievable Breakdown of Marriage is deemed legitimate by the Supreme Court because the idea is not included in divorce law. The Supreme Court ruled in Sangamitra Ghose v. Kajal Kumar Ghosh (2007) that an irretrievable breakdown of marriage qualifies as a reason for divorce while acting within the bounds of Article 142 of the Constitution. The 1978 report of the 71st Law Commission was cited.

Adultery is not a crime

After the Supreme Court’s decision, adultery is no longer a valid reason for divorce. Previously, it was penalized, but the court explains that prosecuting either husband or the wife’s lover won’t assist to save the relationship. The penalizing clause is invalidated because it is arbitrary and there is no legal basis for punishing the adulterer. However, it continues to be a valid cause of separation. The freedom to select one’s sexual partner after the wedding is unrestricted.

Triple Talaq is unlawful

The triple talaq practice, which has previously been arbitrary for Muslim women, has been governed by Muslim law. Since merely mentioning “talaq” three times is not grounds for divorce. Triple talaq has been ruled unlawful by the Apex Court, which shared the very same opinion. The argument is that it infringes on Muslim women’s constitutional freedoms. The government is still considering the triple talaq bill. After the measure is passed, Muslim divorces will be governed by the law.