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Grounds for Divorce as per Hindu Marriage Act in India

The Hindu Marriage Act provides a lot of grounds for divorce, which a spouse can seek in order to obtain divorce in India. Although marriage, according to Hindu Law, is a holy sacrament and not a contract, and that the husband and wife are considered one in law. Despite that, problems and tensions may develop between husband and wife and may escalate to such an extent that separation by way of divorce may seem to be the only option left. Seeking a divorce is no doubt a big and bold step for either of them, but at times, it may be the only solution to a long term problem.

What is the Procedure for Divorce in Delhi?

Marriages solemnized under the Hindu Marriage Act, 1955 can also be brought to an end by following the conditions laid down under the same Act. You may wish to go through my earlier blog post on Applicability of Hindu Marriage Act, 1955 to determine whether the Act is applicable to you or not.

Procedure for seeking Hindu divorce as per Hindu Marriage Act, 1955 is provided under Section 13 of the Act, which states that any marriage solemnized whether before or after the commencement of the Act, may, on a divorce petition presented by either the husband or the wife, be dissolved by a decree of divorce. You may also wish to go through my earlier blog post on Conditions for a Valid Marriage under the Hindu Marriage Act, 1955 to determine whether your marriage is governed by the Act or not.

The procedure for legal contested divorce in Delhi starts by either the husband or wife engaging a Lawyer, who will draft a divorce petition as per the facts narrated by the person and on the basis of the grounds provided under Section 13 of the Hindu Marriage Act, 1955 before a Family Court Judge as per the territorial jurisdiction. Pursuant to the reply filed by the other side, trial will begin and both the parties would lead evidence in support of their claims and arguments. Finally, based on the arguments and evidence on record, the Judge will pass appropriate orders. Continue reading

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5 Tips To Help You Rebuild Your Life After Divorce

Now that you’re through with your divorce proceedings, you may be in a dilemma as to what you should do now and how can you rebuild your life after divorce. Going through a divorce is pretty hard and it surely takes a toll on your health, both mentally and physically. You are a divorced person, and now it’s time to move on and create a fresh life for yourself. Now your life is in your control and it’s the time to do things your way. In case you’re confused, here are few tips which will help you get your life on track after divorce.

Evaluate Your Financial Condition:

Think hard about your finance now. Since you’re divorced, your financial situation may have taken a big hit since most couples are dependent upon each other for financial support. Since now you are on your own, you need to cut your expenses, chalk out your weekly expenditure and re-evaluate your finances to ensure that you have enough funds in your saving and investment accounts to keep you afloat financially even when times are rough.

Take Action On Your Plans:

While contemplating divorce, you must have thought about what you would want to do after divorce. Maybe your married life was filled with lots of constraints, and you wanted to live your life with freedom. You had ideas and goals which you wanted to achieve but couldn’t. Well now that you have attained divorce, it’s time to work on your action plans and your goals. You need to keep yourself occupied with some thing productive and constructive which will enable you to rebuild a new life after divorce. Continue reading

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Reasons Why Marriages End In Divorce

As a Divorce Lawyer in New Delhi, I can say that Divorce rates are going up in India and marriages end in Divorce, and especially in metro cities like New Delhi. Couples aren’t really willing to stick together and are more than happy to fight it out in Courts. I’m not saying that their reasons for seeking a Divorce are wrong, I’m sure they must have deliberated over it for a long time before arriving at the decision. After all, they know each other better than anybody else, and if they have decided to get in touch with a Divorce Lawyer, then I’m sure that’s the best for them. While one is in a marriage, there are certain signs and behaviors that he/she can identify which ultimately leads to a Divorce.

No Mutual Respect

Humans require constant care and attention. More than money, they want to be respected and liked. When couples lose mutual respect for each other’s thoughts, opinions and decisions, that’s a big sign that things are not going well between them. With no mutual respect for each other, couples tend to literally mock and insult each other, thereby giving rise to constant quarrels and fights and ultimately aggravating their relationship as husband and wife. Divorce seems the only option in that case.

Possessiveness

I can’t even count how many couples (even unmarried) fall into the trap of playing the stupid game of control and possessiveness. Everybody like to play games on their phones, controlling their characters, making them jump, run, turn and do all kind of stuff when them.

The problem begins when they try to play the same game with their spouse in real life. They want to know where he/she has been, what he/she has been doing, why he/she was talking to that person, interference in what the other person should be doing or not doing, and all kind of stupid things like that.

Humans are intelligent and free willed individuals, and they do not like to be controlled like a robot under any circumstances. Haven’t we learned nothing from all the Civil Wars which have been fought only for a little thing we call ‘freedom’. The moment one spouse starts controlling the other, their marriage goes spiraling down at a fast pace. There is only so much that the other spouse will take before he/she snaps and ultimately wants to Divorce and attain freedom for his/her life once again. Continue reading

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Conditions For A Valid Marriage Under The Hindu Marriage Act, 1955

There are certain conditions which must be adhered to for a valid marriage between two Hindus under the Hindu Marriage Act, 1955. Violation and non-adherence of any of these conditions would not constitute a valid marriage.

First of all, the groom should have completed the age of 21 years while the bride should have completed the age of 18 years at the time of their marriage. In case, either the groom or the bride was not of the requisite age at the time of marriage, then the same would be termed as a ‘Child Marriage‘. However, such a marriage would not be ‘void’ in the eyes law, but would only be a ‘voidable’ marriage and that under the Prohibition of Child Marriage Act, 2006 the aggrieved person can file a petition before the appropriate Court for getting the marriage annulled.

The next condition is that neither the groom nor the bride should have a living spouse or an existing valid marriage, at the time of his/her marriage. In case a marriage is solemnized while there is a living spouse or that the earlier marriage has also not been set aside by way of a decree of divorce/annulment, then such a marriage would be ‘null’ and ‘void’ from the very beginning and that a decree of nullity can be obtained by filing a petition under the Hindu Marriage Act, 1955. It is also important to note that in such a marriage, the person who had a living spouse or an existing marriage, would become liable for prosecution for adultery under the Indian Penal Code.

It is also an essential condition that both the bride and the groom should be capable of giving a valid consent for the marriage. The consent should not have been obtained by fraud, misrepresentation, intimidation or persuasion. It is also important that neither the groom or the bride should be suffering from unsoundness of mind or any kind of mental disorder so as to render the person incapable of giving a valid consent to the marriage or be mentally unfit to marry. Such a marriage would be a ‘voidable’ marriage and can be annulled by a decree of nullity under the Hindu Marriage Act, 1955.

Now one of the key factor for a valid marriage under the Hindu Marriage Act, 1955 is that the groom and the bride should not be ‘within the degrees of prohibited relationship if they are related to each other and should also not be ‘sapinda of each other. For simple understanding, a person cannot have a valid marriage with his/her mother, father, grandmother, grandfather, brother, sister, uncle, aunt, nephew, niece, first cousins and any other close relationship similar to these. The only exception would be if the personal custom and usage governing the persons permits just a marriage but these customs must not be unreasonable or opposed to public policy or abhorrent to decency.

If all the conditions mentioned above are satisfied, then a marriage between a groom and a bride would be considered as a valid marriage in the eyes of law under the Hindu Marriage Act, 1955.

  • Disclaimer: This article is not a substitute for professional legal advice. This article does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.

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Applicability Of Hindu Marriage Act, 1955 In India

Getting married is one of the biggest life changing experience one goes through during lifetime. One may either opt for the traditional way of spouse hunting i.e., letting the parents and relatives decide, or if one is fortunate enough to be in a relationship which is strong enough, one may choose to break the news to family and hopefully come out of it alive. Whichever way one chooses to settle down, one has to do so within the limits of the laws governing marriages in India. Now this post is pertaining to Hindu Marriage Act, 1955 and although it is enacted as ‘Hindu Marriage Act‘ in India, it applies not merely to Hindus by religion, but also applies to Sikhs, Jainas and Buddhists. So basically, the Hindu Marriage Act, 1955 applies to:

  • Any person who is a Hindu by religion in any of its forms or developments.
  • Any person who is a Hindu including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj.
  • Any person who is a Buddhist, Jaina or Sikh by religion.
  • Any other person, excluding a Muslim, Christian, Parsi or Jew by religion, domiciled in the territories to which the Hindu Marriage Act, 1955 extends, unless it is proved that any such person would not have been governed by Hindu Law.

Now in further explanation of who is a Hindu, Buddhist, Jain or Sikh by religion for the purpose of applicability of the Hindu Marriage Act in India, it is provided that:

  • Any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion.
  • Any child, legitimate or illegitimate, one of whose parents are Hindu, Buddhist, Jain or Sikh by religion. In this case, the child must have been brought up as a member of the tribe, community, group or family to which such parent belongs or belonged.
  • Any person, who is a convert or re-convert to the Hindu, Buddhist, Jain or Sikh religion.

Shall be governed by the Hindu Marriage Act, 1955.

This was only a brief introduction pertaining to the applicability of the Hindu Marriage Act, 1955 in India. The legal procedure for getting married under the Act, and other complications arising out of such a marriage would be discussed in future posts.

  • Disclaimer: This article is not a substitute for professional legal advice. This article does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.

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If you like what I write, please spread the word by sharing it on your social networks as well. Thank you.