Divorce Under the Hindu law

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What is Divorce Under the Hindu law?

The Hindu Marriage Act, of 1955 originally, based divorce on the fault theory and enshrined nine fault grounds in Section 13(1) on which either the husband or wife could sue for divorce, and two fault grounds in Section 13(2) on which wife alone could seek the divorce. In 1964, by an amendment, certain clauses of Section 13(1) were amended in the form of Section 13(1A), thus recognizing two grounds for the breakdown of the marriage. The 1976 Amendment Act inserted two additional fault grounds of divorce for the wife & a new section 13B for divorce by mutual consent.

Why should you get it done?

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How does it work?

The lawyer of both parties will file a petition for divorce and it has to be presented before family court with attached evidence as which proves that both husband and wife have been living separately for a minimum period of required time and i.e., one year. After checking of papers, evidences and every details regarding divorce as per prescribed Law, each party has to sign in the petition file as per required space.
After this, family court will provide a specific date and ask for every small details which is required as per rule to scrutinize every aspect, for example; family background of both parties, property owned, reason for divorce, address proof, and many more. After examining and scrutinizing by court, Both parties appear before Court on given date. The parties are represented by their counsels.
After examining carefully, Court order, both the parties statement to be recorded on oath. Right away after submission of statement, Court pass the first motion with an attachment of last hope for reconciliation between both parties or spouses. As Court provides 6 month period to create/bring harmony or reunion, before the file the second motion. The maximum period given by Court is 18 month from the date of petition in family court, after which it get rejected.
After Statement recording, time comes for the need of full and fledged agreement between spouse for dissolution of marriage, So that there shall not be an any sort of conflict or difference left in the matters related to Property division, child custody, contentions regarding alimony, maintenance, dept division, etc.
If the court is satisfied by each side and if there is no any sort of escape clause and there cannot be any chance of coexistence and reconciliation, then Court passes a decree of divorce declaring marriage to be terminated or dissolved, after the court decree of divorce, Marriage gets void and invalid.

Deliverables *

1. Address proof of husband

2. Address proof of wife 3. Details of the petitioner’s profession with present remuneration

4. Income tax statements for the last 2-3 years

5. Detailed information on the family background of the petitioner

6. Details of the assets owned by the petitioner

7. Marriage Certificate

8. Evidence shows that the spouses are living separately for more than a year

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