Divorce without Mutual Consent

Divorce without Mutual Consent

3883
0
Print Friendly, PDF & Email
Divorce without Mutual ConsentDivorce without Mutual Consent
Divorce without Mutual Consent

While considering divorce, when both spouses agree to part amicably it is known as divorce with mutual consent.

However, when one spouse wants to get a divorce and the other spouse does not agree to the divorce, it is known a divorce without mutual consent.

Divorce without Mutual Consent in Hindu Law:

Under Hindu Law, divorce by mutual consent is possible and provisions relating to the same have been provided in the Hindu Marriage Act. However, if your spouse objects to the divorce, you can apply for the same on the basis of any of the grounds mentioned in section 13 of the Hindu Marriage Act.

These grounds are briefly summarized as follows:

  • Adultery
  • Cruelty; mental as well as physical
  • Conversion to another religion
  • Mental disorders
  • Psychopathic disorders
  • Communicable form of sexually transmitted disease
  • Unsound mind
  • Desertion by spouse
  • Bestiality/sodomy by husband
  • Another living wife of husband
  • Marriage of girl before attaining the age of 15 years

For taking any of the above as ground(s) for divorce, the consent of the other spouse is not necessary. A petition for divorce can be filed even if the other spouse objects to it.

Divorce without Mutual Consent in Muslim Law:

Under Muslim Law, divorce is divided into two categories:

  1. Judicial Divorce
  2. Extra Judicial Divorce

Judicial Divorce:

Under Muslim Law, this is the only way in which a woman can seek divorce of her own will. A judicial decree of divorce can be sought by the wife on the following grounds:

  • If husband has been missing for four years and the wife or any other person who might be reasonably expected to know his whereabouts are unable to locate him
  • If the husband has neglected to maintain her or provide her maintenance for two years
  • If the husband takes an extra wife in violation of provisions of Muslim Family Laws Ordinance, 1961
  • If the husband has been sentenced to prison for a period of 7 years or more
  • If the husband has failed to perform his marital obligations without reasonable cause for a period of 3 years
  • If, at the time of marriage, the husband was impotent and continues to be impotent
  • If the husband has been insane for a period of 2 years
  • If the husband suffers from leprosy
  • If the husband suffers from a virulent venereal disease
  • If she was married before the age of 16 years and repudiates the marriage before attaining the age of 18 years
  • If the husband falsely accuses his wife of adultery

Extra Judicial Divorce:

This is further divided into two categories:

  1. Extra Judicial Divorce by Husband:

The provisions of divorce or Talaq as it is known in Muslim law are majorly patriarchal and the husband enjoys significantly substantial rights and privileges as compared to the wife.

The husband enjoys absolute power to divorce his wife without any cause and end the marriage by simply uttering the word ‘Talaq’ three times.

As per the judgments in some cases, wife’s presence is not necessary for talaq and it will deemed to have come into effect from the day when the wife came to know of it.

It is also not necessary to be in writing. Talaq can take place either in writing or by pronouncing orally.

Constructive Divorce:

Apart from Talaq, there are two more ways in which a husband can repudiate his marriage. These modes are known as Ila and Zihar. Here the husband abstains from having sexual intercourse with his wife for a certain period of time and dissolution of marriage take place after the expiry of that time period.

This is known as constructive divorce. Constructive divorce now exists more in theory than in practice and divorce by pronouncing Talaq is commonly practiced.

 

  1. Extra Judicial Divorce by Wife:

Except for judicial divorce, a wife cannot divorce her husband of her own will. She is allowed to divorce her husband only if her husband has delegated authority to her to do the same.

Divorce without Mutual Consent in Sikhism:

Earlier, the provisions of Sikh marriages were governed by the Hindu Marriage Act but after the Anand Karaj Act, Sikh marriages have their own separate governing provisions.

However, the Anand Karaj Act does not contain any provision for divorce. This means that under the Sikh Marriage law, divorce is not recognized.

Sikh couples can obtain a divorce without mutual consent under the Hindu Marriage Act which lays down the grounds for divorce.

Divorce without Mutual Consent in Christian Law:

Under Christian law, provisions of divorce are governed by Indian Divorce Act, 1869. Most grounds for divorce are similar to Hindu Marriage Act with some additional grounds as well.

As per this act and according to the attorney for divorce in Missouri, either spouse can take the following grounds for divorce:

  • The other spouse was impotent at the time of marriage and at the time of institution of suit for divorce
  • That the spouses are within the prohibited degree of consanguinity or affinity
  • Either spouse was an idiot or lunatic at the time of marriage
  • Another living husband/wife of either spouse at the time of marriage

Grounds for Divorce for Christian Women:

Apart from the grounds mentioned above, a Christian woman can rely upon following additional grounds as well:

  • If her husband ceases to be a Christian and marries another woman
  • Incestuous Adultery i.e. adultery with a family member
  • Bigamy with adultery
  • Marriage with another woman with adultery
  • Rape, sodomy or bestiality
  • Adultery along with cruelty
  • Adultery along with desertion for 2 years

Visit:https://www.thevirgalawfirm.com/orlando/ to solve divorce and other family disputes.

Author: This blog is written by  Ms. Pragya Chaturvedi, a passionate blogger & intern at  Aapka Consultant.

OUR SERVICES

Company Registration I Trademark I Copyright I Patent I GST I MSME

 ISO Certification I Website/App Policy I Legal Documentation

Annual Compliance I Connect Consultant

Visit: Aapka Consultant to get Online Services of CA CS & Lawyers.

Print Friendly, PDF & Email

NO COMMENTS