INTRODUCTION:
Divorce is the legal dissolution of marriage. A divorce is among the most traumatic misfortunes for any couple but at the same time it can be a beginning of a new dawn. The entire process of divorce that starts from coping up with emotional ups and downs to contesting for the long awaited divorce decree for several months is definitely a tough affair to get through. Before opting for a divorce one should be aware of the fact that a divorce procedure in India extents for almost a year and in some special cases of disputes the procedure may continue for years.
LAWS GOVERNING DIVORCE IN INDIA:
India is a secular country and a wide number of religions are freely practiced. The major religions practiced include Hinduism (inclusive of Sikhism, Jainism and Buddhism), Islam and Christianity. People solemnize marriages in accordance with religious rituals and ceremonies, which are mostly codified by statutory personal laws. Therefore, the matrimonial laws in India, including laws on marriage, divorce and other connected issues, are essentially governed by the personal laws of the parties depending on their religion, which are codified by statute in most cases:
- Hindu: Hindu Marriage Act 1955.
- Muslim: Muslim marriage is a contract under Muslim law.
- Christian: Indian Christian Marriage Act 1872 and the Divorce Act 1869.
- Parsi: Parsi Marriage and Divorce Act 1936.
In addition, the Special Marriage Act 1954 applies to all persons of all religions. This is a civil legislation and parties from all religions, caste or community can elect to marry under it. A divorce would then be governed by the Special Marriage Act 1954.
All these laws apply throughout India.
WHY IT IS NECESSARY THE DIVORCE LAWS TO BE THERE:
Divorce is the process of separation through legal intervention. A decree of divorce that is granted by the family court or local district court allows for the separation of the parties as the marriage has been dissolved. Once the divorce is granted the parties are free to re-marry, if so they wish. Divorce in India is governed by personal laws and depend upon the religion of the parties. Despite the personal law one might follow some grounds that are applicable universally. It’s important to understand Divorce law in India. To allow for the petition of Divorce to be executed smoothly, the laws lay down two kinds of divorce. So, according to the divorce laws in India under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court through a divorce lawyer. Mutual consent means that both the parties agree for peaceful separation. However, in case there is no consent, the parties will have to contest the matter in court of law before the decree of divorce is granted.
Closely connected to issue of Divorce is issue of maintenance and custody of children. However, as stated before, the laws are based on faith of the persons and this causes a great amount of ambiguity and trouble for females. The status of women across religion is bad and thus need for a unform law to help women and protect their life and dignity
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