What is Divorce?
Divorce is the legal dissolution of the marriage by a Court or other competent body. It is the termination of the marriage by legal action.
There are different laws of divorce for different religions. Hindus are governed by the Hindu Marriage Act, 1955 while others are governed as according to their personnel laws. In India divorce can take place through two modes:
- Through Mutual Consent.
- Only one party wishes.
Therefore, where both the parties agree to get divorce, they can do so according with the provision of Section 13(2) of the Hindu Marriage Act, 1955. But where the divorce between the parties is taking place without mutual consent, then the parties will have to follow the provisions of Section 13(1) of the Hindu Marriage Act, 1955. It lays down grounds under which divorce can be taken place without consent. They are:
Along with the above conditions, either party to the marriage can also seek divorce without mutual consent under the following conditions:
- There has been no resumption of cohabitation as between the parties to the marriage for a period one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties.
- There has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.
How to get a Divorce?
A Wife has the following grounds to seek Divorce under Section 13(2) of the Hindu Marriage Act, 1955:
- When the husband is already married
- Husband is guilty of rape, sodomy etc.
- Married before 15 years and have repudiated before 18 years of age.
Therefore, Divorce is taken by any person according to their personal laws. And those who does not get covered under any personal laws, they can seek help through the Special Marriage Act, 1969.
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