Divorce Laws

Domestic violence is a serious issue faced by several Indian women. Indian women are known to tolerate it in silence because they want to protect family honor and endure it for the sake of their children. However, Indian law recognizes cruelty as a major ground for divorce.

As per India legal news reports, the Madras High Court has held that the courts in the country have jurisdiction to address matrimonial cases, which involve Hindus and are governed by the Hindu Marriage Act, including those cases where the opposite party is a foreign citizen, residing outside India.

The Women (Protection of Rights on Divorce) Act, 1986, was enacted with an objective, namely to protect the rights of divorced Muslim women. The Act, entitles a divorced Muslim woman, to claim maintenance from her ex-husband. Further, it provides that the husband is obliged to provide maintenance within the period of iddat (waiting period imposed upon a Muslim woman, after dissolution of her marriage). However, the obligation is not restricted to the period of iddat. Also, the Act provides that in case her husband fails to provide maintenance, she can approach the Wakf Board for the same.

Hindu law pertains to issues affecting Hindus at large, such as marriage, divorce, adoption, and succession. Section 27 of the Hindu Marriage Act, 1955, provides for disposal of property at the time of dissolution of marriage. According to this section, the court can make such provisions in the ruling/order as it required with respect to any property that may have been gifted, at or about the time of marriage, which belongs jointly to both the husband and the wife.

Indian law pertaining to collusion, condonation and delay are topics that have been covered on this LIG platform. Another important bar to matrimonial relief is the ‘One Year Bar’ which is becoming increasingly popular with every passing generation. This is a matter of public policy, which implies that one cannot file a petition for divorce within one year after the marriage takes place. The purpose of this bar is to ensure that couples give a fair trial to each other and try to make the marriage work well. Also, this ensures that they do not immediately think of judicial proceedings in haste.

Legal battles are fought between parents for child custody, which is indeed the most unfortunate aftermath following a marital breakup. Parents, after undergoing a matrimonial war, tend to fight over their child’s custody without understanding its psychological impact on their child. They should at least care about the emotional and physical stress that the child undergoes due to their break up but no, this doesn’t usually happen. The situation is worsened by the delay with which Indian law and the legal system functions in delivering a quick ruling on child custody.

On Friday, 11 June 2010, the Indian Cabinet approved an amendment under which a married couple can use irretrievable breakdown as a ground for divorce in India. Although, it is yet to be cleared in the Parliament, the amendment offers respite to many couples in India who are unable to cope with continuing in their marriage. Indian laws for divorce make it difficult for couples to separate from each other legally.

A widowed daughter-in-law is entitled to get maintenance from her father-in-law under section 19, of the Hindu Adoption and Maintenance Act, 1956. Now the question arises whether a daughter-in-law can claim maintenance from the property of her mother-in-laws under Hindu law. Here’s an interesting real life saas-bahu case to take this discussion forward.

Getting a divorce in India is certainly not an easy procedure, whether you follow Hindu marriage law or special marriage law. The whole procedure includes many emotional highs and lows and long waits for the final outcome. Before going ahead with the divorce procedure, prepare yourself for the long process ahead.

Under Indian marriage laws, a marriage can be set aside if the consent for it was secured by fraud or misrepresentation of facts. This is not so easy to prove. However, it must be noted that fraud is not defined in the Indian marriage laws. So, any type of fraud cannot be taken as a ground for matrimonial relief.