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Marriage and Divorce in India
Marriage is traditionally conceived to be a legally recognized relationship, between an adult male and female, that carries certain rights and obligations. According to Anthony Giddens “marriage can be defined as a socially acknowledged and approved sexual union between two adult individuals. When two people marry, they become kin to one another; the marriage bond also, however, connects together a wider range of kin groups. Parents, brothers, sisters and other blood relatives become relatives of the partner through marriage”.
The definition of marriage relationship includes guidelines for behaviour in matters of sex, obligations to offspring and in laws, division of labour within the household, and other duties and privileges of marital life. In all cultures, marriage is seen as a way to help societies regulate sexual activity, encourage procreation, and develop accountability, as well as provide for parental care, mutual help, and affection.
What is divorce?
Divorce or the dissolution of marriage is the final termination of a marital union, cancelling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties.
Why Divorce is required?
Everyone has to make compromises in married life, but ultimately despite the compromises and sacrifices one must have a bond with one’s partner. This bond is companionship, and mutual understanding, but sometimes the situation gets so worse and it is difficult to live together as consequence the divorce is required.
Following reasons are there which leads to divorce such as:
A. Ego Problem
B. Lack of mutual understanding
C. Blaming each other
There are some other reasons which required the divorce:
- Adultery
- Cruelty
- Desertion
- Conversion to another religion
- Unsoundness of mind or mental disorder
- Virulent and Incurable form of leprosy
- Venereal disease
- Renounce the World
- Not heard for a period of seven years or more
How to get Divorce?
DIVORCE BY MUTUAL CONSENT
Divorce by Mutual Consent under Section 13 B of Hindu Marriage Act 1955 can be obtained by following:
- a) Petition must be presented by both the parties to marriage;
- b) That the parties have been staying separately for more than one year;
- c) The parties have not been able to live together;
- d) The parties plead that they have mutually agreed that their marriage should be dissolved;
e) Petition is presented not earlier than one year from the date of marriage.
CONTESTED DIVORCE AND UNCONTESTED DIVORCE
A contested divorce is one in which the parties agree on the terms such as property division, custody, visitation, or child support.
UNCONTESTED DIVORCE
An uncontested divorce is one in which the parties don’t agree and may have a judge or jury decide one or more of the terms.
How to File a Divorce?
Time period to Get Divorce
As such no specific period is there for filling a divorce petition, it depends from case to case but to file a divorce petition by mutual consent under section 13B the time limit will be 6 to 18 months from the marriage and any cases filed before it would be not entertained by the court.
Jurisdiction to file a Divorce Petition
For the purpose of jurisdiction for filing divorce petition, there are three place for conferring Territorial Jurisdiction
- Where the Marriage took place,
- Place where the respondent resides,
- Where the parties last resided together.
What is Maintenance?
If any person having sufficient means neglects or refuses to maintain – His wife, his legitimate or illegitimate minor child, his legitimate or illegitimate child who has attained majority, his father or mother, unable to maintain himself or herself.
A Magistrate of’ the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct.
The monthly allowance shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.